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Labor & Employment Law

New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

Post Frequency: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Supervisor?s acceptance of subordinate?s reason for refusing to perform an assignment defeats disciplinary action base of such refusal

Posted on January 28, 2009
Supervisor?s acceptance of subordinate?s reason for refusing to perform an assignment defeats disciplinary action base of such refusalHealth & Hospitals Corp. (Metropolitan Hospital Center) v. Shea, OATH Index No. 687/09 (Dec. 17, 2008)Source: OATH determinationsALJ Ingrid Addison recommended dismissal of charges stemming from the refusal of Kathleen Shea, a social worker, to see two children in the hospital's psychiatric emergency room...

Former school board appeals board?s rescinding its earlier motion to defend and indemnify him in a lawsuit in which he is a defendant

Posted on January 27, 2009
Former school board appeals board?s rescinding its earlier motion to defend and indemnify him in a lawsuit in which he is a defendantAppeal of Louis M. Palmeri, individually and on behalf of David S. Schaubert, from action of the Board of Education of the Lewiston-Porter Central School District, Robert Weller, Board President, and Edward Lilly, Board Member, regarding defense and indemnification...

Investigative Detention of Employees

Posted on January 27, 2009
Investigative Detention of EmployeesSource: AELE Law EnforcementLegal Center reports that one of its most popular articles published during 2008 wasInvestigative Detention of Employees - I Part One: Criminal InterviewsThe contents of the article:? Scope of Article? Milwaukee Police ? adultery (1982)? New York State Police ? cover-up (2001)? Milwaukee Police ? use of force and IA sting (2002)? Los Angeles County Sheriff ? use of force (2007)? ReferencesIt is posted on the Internet at: http://www...

Salary and other payment due a police chief to be based on the compensation paid his or her highest paid subordinate

Posted on January 26, 2009
Salary and other payment due a police chief to be based on the compensation paid his or her highest paid subordinateOpinion of the State Comptroller, 2008-6, December 26, 2008Sometimes salary increases for police officers negotiated under the Taylor Law results in a chief of police actually being paid less than one or more of his or her subordinates...

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Cases and items related to equal employment opportunity

Posted on January 26, 2009
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, � 2009 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

Consulting on public personnel law matters

Posted on January 23, 2009
A NYPPL consultant may be able to assist attorneys resolve a New York public personnel law issue. For information e-mail Publications@nycap.rr.com or write Consultants, Public Employment Law Press, PO Box 9531, Schenectady, NY, 12309-9531.

Plaintiff?s burden of proof in a lawsuit alleging he or she was defamed by the employer

Posted on January 23, 2009
Plaintiff?s burden of proof in a lawsuit alleging he or she was defamed by the employerFreddie Williams, Jr. v Detroit Board Of Education, et al, USCA, 6th Circuit, Docket No. 07-2520, Filed: January 15, 2009 [not recommended for publication]An employee may, on occasion, bring a lawsuit against his or her employer alleging some action or actions of the employer constituted defamation...

Military Caregiver Leave: Key provisions of the new DOL Regulations

Posted on January 23, 2009
Military Caregiver Leave: Key provisions of the new DOL RegulationsSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright � 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation...

Employee working overtime without approval charged with submitting false claims

Posted on January 23, 2009
Employee working overtime without approval charged with submitting false claimsHuman Resources Admin. v. McNeil, OATH Index No. 684/09 (Dec. 26, 2008)Source: OATH determinationsJoanne McNeil, an eligibility specialist was charged with submitting false and inappropriate claims for overtime...

Court of Appeals ends disciplinary proceeding

Posted on January 23, 2009
Court of Appeals ends disciplinary proceedingSource: Local Government Watch - http://localgovwatch.blogspot.com/ - Copyright by Local Government Watch� 2009, reproduced with permission"The former sewage-treatment plant superintendent for Amherst (New York) fought an unrelenting seven-year battle for his job...

Union can require non-members to contribute to union?s legal fees

Posted on January 22, 2009
Union can require non-members to contribute to union?s legal feesLocke et al. v. Karass, State Controller, et al. USSC, Decided January 21, 2009?Docket No. 07-610 The Supreme Court decided that a public employees' union to require individuals in the negotiating unit who are not union members to pay a share of the legal fees incurred in a national lawsuit...

Successor employer must recognize and bargain with employee?s former union

Posted on January 22, 2009
Successor employer must recognize, and bargain, with employee?s former unionDean Transportation, Inc. v National Labor Relations Board, [Grand Rapids Educational Support Personnel Association, MEA/NEA, Intervenor], USDC ? District of Columbia Circuit, Docket 07-1262 (Consolidated with 07-1313 and 07-1314), Decided January 9, 2009When Dean Transportation, Inc...

Terminated Volunteer Wins First Amendment Case

Posted on January 22, 2009
Terminated Volunteer Wins First Amendment CaseReproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved. In a major employment law case of first impression, an uncompensated volunteer's jury verdict in her favor was upheld even though she was not an employee...

Employee?s right to resign protected by the Constitution

Posted on January 21, 2009
Employee?s right to resign protected by the ConstitutionSource: The Social Science Research NetworkThe Northwestern University Law Review has published an article written by Mitchell H. Rubinstein, Esq. Readers of New York Public Personnel Law will be familiar with Professor Rubinstein?s work, which is frequently republished in this LawBlog...

Legislature?s enactment of a statute directing the State Comptroller to audit charter schools Constitutional

Posted on January 20, 2009
Legislature?s enactment of a statute directing the State Comptroller to audit charter schools ConstitutionalMatter of New York Charter Schools Assn., Inc. v DiNapoli, 2009 NY Slip Op 00158, Decided on January 15, 2009, Appellate Division, Third DepartmentThe New York Charter Schools Association, objecting, to being audited by the State Comptroller, filed an Article 78 petition seeking a declaratory judgment that legislation Article V, �1 of the State Constitution to the extent that it authorized such auditing charter schools...

Supreme Court grants certiorari in reverse discrimination case

Posted on January 20, 2009
Supreme Court grants certiorari in reverse discrimination caseSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Identity theft can take many forms

Posted on January 20, 2009
Identity theft can take many formsOffice of the City Clerk v. Diaz, OATH Index No. 1088/09 (Dec. 18, 2008)Source: OATH determinations*Characterized as a non-traditional appeal under Section 3-03 of the City Clerk's Rules, Title 51 of the Rules of the City of New York, Stephanie Diaz challenged the Office of the City Clerk of New York?s preliminary denial of her application for a marriage license...

Cases and items related to equal employment opportunity

Posted on January 19, 2009
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, � 2009 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

A private entity may not become a participating employer in the New York Employees? Retirement System

Posted on January 16, 2009
A private entity may not become a participating employer in the New York Employees? Retirement SystemMatter of Carle Place Hook Ladder & Hose Co. No. 1 Inc. v DiNapoli, 2008 NY Slip Op 52606(U), decided on December 22, 2008, Supreme Court, Albany County [not officially reported]The Carle Place Hook, Ladder and Hose Co...

Ability to manage daily activities defeats employee?s claim that mental stress prevented him from making a timely request for a disciplinary hearing

Posted on January 16, 2009
Ability to manage daily activities defeats employee?s claim that mental stress prevented him from making a timely request for a disciplinary hearingSiegel v Board of Education of the City School Dist. of the City of New York, 2009 NY Slip Op 00104, Decided on January 13, 2009, Appellate Division, First DepartmentBrian Siegel filed an Article 78 petition in an effort to annul the determination terminating him from his position as a tenured teacher with the New York City School District and reinstatement to his position with back pay, interest and lost benefits...

Estoppel to contest jurisdiction

Posted on January 16, 2009
Estoppel to contest jurisdictionSource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2008, All rights reserved http://lawprofessors.typepad.com/adminlaw/In "Peril for the Unwary: Use It or Lose It Against The Coastal Commission" on the Abbott & Kindermann Land Use Law Blog, Cori Badgley and Nathan Jones describe a regulated entity that failed to object to an agency's jurisdiction while negotiating with it over two and a half years...

Disciplinary charges filed in an earlier disciplinary action in which the employee was found not guilty considered in a subsequent disciplinary action

Posted on January 16, 2009
Disciplinary charges filed in an earlier disciplinary action in which the employee was found not guilty considered in a subsequent disciplinary actionHoffmann v Department of Educ. of City of N.Y., 2004 NY Slip Op 51952(U), Supreme Court, Kings County, not officially reported, Affd...

EEOC Investigations Requires That Employers Notify Insurance Carrier

Posted on January 16, 2009
EEOC Investigations Requires That Employers Notify Insurance CarrierSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Mitigating circumstances considered by hearing officer in setting disciplinary penalty

Posted on January 15, 2009
Mitigating circumstances considered by hearing officer in setting disciplinary penaltyMatter of Clifford v Kelly, 2009 NY Slip Op 00042, decided on January 8, 2009, Appellate Division, First DepartmentNew York City Police Officer Kathleen Clifford was found guilty of the departmental infraction of ?failure to comply with a superior officer's order? Police Commissioner Raymond W...

Attempting to vacate a consent agreement resolving an administrative proceeding

Posted on January 15, 2009
Attempting to vacate a consent agreement resolving an administrative proceeding Matter of Kirk v State Bd. for Professional Med. Conduct, 2009 NY Slip Op 00075, decided on January 8, 2009, Appellate Division, Third DepartmentRobert David Kirk was charged with various instances of professional misconduct by the Bureau of Professional Medical Conduct...

NYS Employees Retirement System lists the names of former members entitled to payment of their ?accumulated contributions

Posted on January 15, 2009
NYS Employees Retirement System lists the names of former members entitled to payment of their ?accumulated contributions?Source: New York State Register dated January 14, 2009New York State and Local Retirement System has listed the names and last known addresses of former members of the System whose membership was terminated pursuant to Section 517-a or Section 613 of the Retirement and Social Security Law on or before October 31, 2007...

Employees found guilty of filing

Posted on January 14, 2009
Employees found guilty of filing a false reportDep't of Correction v. Cooper, OATH Index Nos. 2585/08 & 2586/08Two correction officers were charged with filing false and misleading reports concerning an incident when another officer pushed an inmate down a flight of stairs...

Agency?s enforcing its rule prohibiting misconduct does not require that it show ?employee?s intent?

Posted on January 14, 2009
Agency?s enforcing its rule prohibiting misconduct does not require that it show ?employee?s intent?Matter of Daveiga v City of New York, 2008 NY Slip Op 10222, Appellate Division, First DepartmentThe New York City Housing Authority dismissed Kymel Daveiga from his position as Supervisor of Grounds after he was found to have violated the Authority?s policy prohibiting employees from "commit[ting] any ...

Conflict of interest for agency attorneys?

Posted on January 14, 2009
Conflict of interest for agency attorneys?Source: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2008, All rights reserved http://lawprofessors.typepad.com/adminlaw/An article on Law.com, "State of California Appears Favored in Attorney Conflict Case", describes a case before the Supreme Court of California arguing that an attorney who advises an agency decision-maker on unrelated matters should not be allowed to represent the agency in enforcement actions before that decision-maker...

Save harmless clause bars employees and retirees from recouping Tax Deferred Plan investment losses from the School District

Posted on January 13, 2009
Save harmless clause bars employees and retirees from recouping Tax Deferred Plan investment losses from the School District Meirowitz v Bayport-Bluepoint Union Free School Dist., 2008 NY Slip Op 10136, Appellate Division, Second DepartmentMarcia Meirowitz sued the Bayport-Bluepoint Union Free School District after losing her contributions that the District transmitted to Horizon Benefits Administration, Inc...

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