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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

Attorney determined to be an independent contractor and not an employee of the agency

Posted on December 23, 2008
Attorney determined to be an independent contractor and not an employee of the agency Source: Press release ? Office of the State ComptrollerThe Olympic Regional Development Authority incorrectly reported its general counsel, John Cansdale, as an employee to the New York State and Local Retirement System when Cansdale actually was serving as an independent contractor, according to an audit released on December 22, 2008 by State Comptroller Thomas P...

Police chief captain wins judgment in officers' suit over video camera installed in locker room

Posted on December 22, 2008
strongPolice chief captain wins judgment in officers' suit over video camera installed in locker room/strongbr /Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved a href="http://lawprofessors...

Cases and items concerning equal employment opportunity

Posted on December 22, 2008
p style="MARGIN: 0in 0in 0pt"strongCases and items concerning equal employment opportunity/strongstrongspan style="color:red;"?xml:namespace prefix = o /o:p/o:p/span/strong/pp class="MsoNormal"strongspan style="color:red;"Source: EEO/iNews ? /span/strongbiuspan style="color:red;"iNews Related to Equal Employment Opportunity, /span/u/istrongspan style="color:red;"© 2008 John D...

New York State?s 2009-2010 Executive Budget proposals ?on-line.?

Posted on December 19, 2008
span style="FONT-WEIGHT: bold"New York State?s 2009-2010 Executive Budget proposals ?on-line.?br //spanp/pp class="MsoNormal" style="FONT-WEIGHT: bold; COLOR: rgb(204,0,0)"The following are the web sites for selected material set out in Governor Paterson's 2009-2010 Executive Budget Briefing Book/pp class="MsoNormal"span style="FONT-WEIGHT: bold; COLOR: rgb(204,0,0)"The State?s workforce:/span?xml:namespace prefix = o /o:p/o:pa href="http://publications...

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New income tax withholding requirements by state and local governments to begin effective January 1, 2011

Posted on December 19, 2008
strongNew income tax withholding requirements by state and local governments to begin effective January 1, 2011br /span style="color:#ff0000;"Source:/span/strong The IRS January 2009 Edition of the Federal State and Local Government Newsletter [Pages 4-7]br /br /Section 3402(t) of the Internal Revenue Code requires Federal, state, and local government entities to withhold 3 percent from its payments for property or services; deposit the withholding with the IRS; and report the payments and the withholding to the IRS and to the payees...

Attorney-client privilege defeats motion to depose attorney

Posted on December 19, 2008
strongAttorney-client privilege defeats motion to depose attorneybr //strongClark v Schuylerville Cent. School District, 2008 NY Slip Op 09685, Decided on December 11, 2008, Appellate Division, Third Departmentbr /br /Linda Clark, a teacher at Schuylerville Central School District, was placed on administrative leave after showing the R-rated movie Macbeth to her 10th grade class ?in violation of the [d]istrict's policy and procedures...

Refusal to provide documents requested by union

Posted on December 19, 2008
strongRefusal to provide documents requested by unionbr //strongHampton Bays Teachers' Association, NYSUT, AFT, AFL-CIO and Hampton Bays Union Free School District, U-26980br /a href="http://www.perb.state.ny.us/decarc.asp"[Source: PERB?s Recent Decisions posting on the Internet] /abr /br /The Board affirmed the decision of the ALJ finding that the District violated §§209a...

Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowance

Posted on December 18, 2008
strongNot every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowancebr //strongMatter of Kenny v DiNapoli, 2008 NY Slip Op 09857, Decided on December 17, 2008, Court of Appealsbr /br /Paul G...

Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action

Posted on December 18, 2008
strongEvidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action/strongbr /Batyreva v New York City Dept. of Education, 2008 NY Slip Op 09841, Decided on December 16, 2008, Appellate Division, First Departmentbr /br /Olga Batyreva alleges that she was assigned to grade a Regents examination and while doing so, observed other teachers improperly grading the exam with No...

Union?s demand for all documents, including without limitation, any memoranda between any of the employer?s agents overbroad

Posted on December 18, 2008
strongUnion?s demand for all documents, including without limitation, any memoranda between any of the employer?s agents overbroad/strongbr /District Council 37, AFSCME, Local 1070 and State Of New York - Unified Court System, U-27031br /[Source: PERB?s Recent Decisions posting on the Internet]br /br /The Board affirmed the ALJ's decision that the Unified Court System [UCS] violated §§209a...

Exception to seeking competitive bids for good and services

Posted on December 17, 2008
Exception to seeking competitive bids for good and servicesbr /Omni Recycling of Westbury, Inc. v Town of Oyster Bay, 2008 NY Slip Op 09850, Decided on December 16, 2008, Court of Appealsbr /br /Typically a political subdivision of the State will solicit competitive bids for goods and services...

Recovery of leave accruals and holiday pay

Posted on December 17, 2008
strongRecovery of leave accruals and holiday pay/strongbr /Sullivan County Patrolman's Benevolent Association, Inc. and County of Sullivan and Sullivan County Sheriff, U-26725br /a href="http://www.perb.state.ny.us/decarc.asp"[Source: PERB?s Recent Decisions posting on the Internet]/abr /br /The Board affirmed the decision of the ALJ finding that the County violated the Act by unilaterally implementing a system for the recovery of leave accruals and holiday pay which a unit employee allegedly owed to the County and by deducting vacation, sick leave and personal leave from the employee's leave accrual...

Husband discharged for wife's performance suffered marital status discrimination

Posted on December 17, 2008
strongHusband discharged for wife's performance suffered marital status discriminationbr //strongSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved a href="http://lawprofessors...

Northeast's ice storm interrupts

Posted on December 15, 2008
Northeast's ice storm interrupts NYPPL postingsNYPPL's postings of case summaries has been interrupted as a result of the loss of access to its computers and servers due to the loss of electric power in the Northeast.Postings will resume as soon as electric power is restored.

Cases and items related to equal employment opportunity

Posted on December 15, 2008
Cases and items related to equal employment opportunityD. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr. Sargent at eeoinews@yahoo.comEEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

A subpoena issued by an attorney does not automatically implicate ?state action? for the purposes of jurisdiction pursuant to 42 U.S.C. §1983

Posted on December 15, 2008
A subpoena issued by an attorney does not automatically implicate ?state action? for the purposes of jurisdiction pursuant to 42 U.S.C. §1983Broadley v Hardman, US Court of Appeals, First Circuit, No. 08-1342Edmund F. Broadley, III, sued William A. Hardman, III, alleging that Hardman interfered with his legal representation and abuse of the deposition process in violation of 42 USC §1983...

Random drug testing of teachers

Posted on December 15, 2008
Random drug testing of teachersSource: National Law Journal ArticleEducators are challenging new policies being adopted by school districts requiring them to submit to random drug tests for illegal drugs.Pending cases include Jones v Graham County [North Carolina] Board of Education [COA 08-477]; American Federation of Teachers v Kanawah County [West Virginia] Board of Education [08-Misc 421]; and Hawaii State Teachers Association and Hawaii Labor Relations Board [08-1-2277-11]...

Law research resource

Posted on December 12, 2008
Law research resourceReaders of NYPPL may be interested in reviewing the offerings of The Public Library of Law at http://www.plol.org/Pages/Search.aspx [Also listed in NYPPL?s sidebar ?Links to other useful web pages.The Public Library of Law offers access to Federal and State court decisions as well as statutes, regulations, court rules, constitutions and legal forms...

Legislative approval of grievances settlement that do not change the terms and conditions of controlling Taylor Law contract is not required

Posted on December 12, 2008
Legislative approval of grievances settlement that do not change the terms and conditions of controlling Taylor Law contract is not requiredPatrolmen's Benevolent Assn. of City of Long Beach, Inc. v City of Long Beach, 2008 NY Slip Op 09573, Decided on December 2, 2008, Appellate Division, Second DepartmentThis litigation involved efforts by the Patrolmen's Benevolent Association [PBA] to enforce three stipulations executed by the parties in settlement of three grievances initiated by the PBA pursuant to the terms of its collective bargaining agreement with the City of Long Beach...

Public employees and the First Amendment right to free speech

Posted on December 12, 2008
Public employees and the First Amendment right to free speechThomas v City of Blanchard, USCA 10th Circuit, No. 07-6197In considering a public employee?s claim that his or her First Amendment right to free speech has been compromised by his or her public employer, courts distinguish between the employee?s speech in terms of the vindication of a personal interest and the vindication of a public interest...

Teacher terminated for voluntary relationship with former student

Posted on December 12, 2008
Teacher terminated for voluntary relationship with former student Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

Retirement membership and service credit for ineligible attorneys rescinded

Posted on December 11, 2008
Retirement membership and service credit for ineligible attorneys rescindedSource: Press Release, Office of the State Comptroller December 11, 2008State Comptroller Thomas P. DiNapoli announced that his office revoked the New York State and Local Retirement System memberships of one Long Island attorney and rescinded service credit of four additional attorneys because they were erroneously reported as employees by school districts, boards of educational cooperative services, special districts and municipalities...

Characterizing a complaint as a violation of civil service rules does not avoid having to seek relief pursuant to the contract grievance procedure

Posted on December 11, 2008
Characterizing a complaint as a violation of civil service rules does not avoid having to seek relief pursuant to the contract grievance procedureMontgomery County Deputy Sheriff's Assn., Inc. v County of Montgomery, 2008 NY Slip Op 09519, Decided on December 4, 2008, Appellate Division, Third DepartmentCathy Anderson and Grace De Waal Malefyt each worked for a period of time in the title of "part-time" correction officer in Montgomery County...

Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the position

Posted on December 11, 2008
Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the positionMatter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 09517, Decided on December 4, 2008, Appellate Division, ThirdNew York State Correction Officer Edward J...

Changing payroll-payment mode a mandatory subject of collective bargaining

Posted on December 11, 2008
Changing payroll-payment mode a mandatory subject of collective bargainingUnited College Employees of Fashion Institute of Technology and Fashion Institute of Technology, PERB U-27057 - [Source: PERB?s Recent Decisions posting on the Internet]The Board affirmed the decision of the ALJ that FIT violated §209a...

Discrimination complaint dismissed because law did not require an accommodation at the time the request for an accommodation was made

Posted on December 10, 2008
Discrimination complaint dismissed because law did not require an accommodation at the time the request for an accommodation was made Matter of Rappo v New York State Div. of Human Rights, 2008 NY Slip Op 09447, decided on December 2, 2008, Appellate Division, First DepartmentThe New York State Division of Human Rights dismissed Frances V...

Commission permitted to rely on appointing authority?s medical expert?s opinion where medical experts differ concerning applicant?s medical condition

Posted on December 10, 2008
Commission permitted to rely on appointing authority?s medical expert?s opinion where medical experts differ concerning applicant?s medical conditionMatter of Altieri v City of New York Civ. Serv. Commn., 2008 NY Slip Op 09487, decided on December 4, 2008, Appellate Division, First DepartmentAnthony Altieri sued the New York City Civil Service Commission after it disqualified him for appoint to the position of sanitation worker because of Altieri?s cardiac conditionThe Appellate Division said that the Commission was entitled to rely on the opinion of the Department of Sanitation's medical director that Altieri's appointment as a sanitation worker would put Altieri ?at serious risk...

The timeliness an unfair practice charge measured from the date on which the party adversely affected learned [or should have known] of the event

Posted on December 10, 2008
The timeliness an unfair practice charge measured from the date on which the party adversely affected learned [or should have known] of the eventLevi Mcintyre And Middle Island Administrators Association and Longwood Central School District, ALJ Blassman, U-27349 - [Source: PERB?s Recent Decisions posting on the Internet] A PERB ALJ dismissed a charge alleging that the Association violated of its duty of fair representation §209a...

Application of the federal Hatch Act barring partisan political activities by certain State and municipal employees

Posted on December 09, 2008
Application of the federal Hatch Act barring partisan political activities by certain State and municipal employeesJuan Molina-Crespo v United States Merit Systems Protection Board, USCA 6th Circuit, Docket No. 07-3745Juan Molina-Crespo served as the Executive Director of the Lorain County Children and Families First Council (?LCCFFC?), an Ohio government agency that is financed in part by the federal government...

Failure to follow an administrative precedent

Posted on December 09, 2008
Failure to follow an administrative precedentSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2008, All rights reserved http://lawprofessors.typepad.com/adminlaw/In her Law of the Land blog, Patty Sobel (Albany) reviews a New York case that demonstrates one of the unwritten rules of administrative law...

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