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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.

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

Continuation of employment upon the expiration of a contract of employment may not be automatic

Posted on October 21, 2008
Continuation of employment upon the expiration of a contract of employment may not be automaticGoldman v White Plains Ctr. for Nursing Care, LLC, 2008 NY Slip Op 07760, decided on October 16, 2008, Court of AppealsSome public employments, typically those involving employment in a position having academic rank at a public college or university [see, for example 4 NYCRR 335...

Mulligan and Bamberger on privacy decision-making

Posted on October 21, 2008
Mulligan and Bamberger on privacy decision-makingSource: "Administrative Law Prof Blog"The Berkeley Center for Law and Technology has selected "Privacy Decision making in Administrative Agencies", by Deirdre Mulligan (Berkeley) and Kenneth A. Bamberger (Berkeley), for publication in its Law and Technology Scholarship collection at bepress...

E.D.N.Y. Judge Jack Weinstein Rejects Use of Race Statistics In Determining Damages

Posted on October 21, 2008
E.D.N.Y. Judge Jack Weinstein Rejects Use of Race Statistics In Determining DamagesJudge Rejects Use of Statistics on Race to set Damages is an interesting Oct. 15, 2008 New York Law Journal article. The article is about McMillian v. City of New York, ____F...

Changing the method of testing employees for the use of illegal drugs constitutes a ?procedure? that is a mandatory subject of collective bargaining

Posted on October 20, 2008
Changing the method of testing employees for the use of illegal drugs constitutes a ?procedure? that is a mandatory subject of collective bargainingMatter of City of New York v Patrolmen's Benevolent Assn. of the City of New York, Inc., 2008 NY Slip Op 07798, decided on October 16, 2008, Appellate Division, First DepartmentOn August 1, 2005, NYPD unilaterally discontinued using urinalysis as its preferred method of random drug screening of its police personnel in favor or using a type of hair follicle testing known as radioimmunoassay of hair (RIAH)...

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Appealing an Education Law Section 3020-a arbitration award

Posted on October 20, 2008
Appealing an Education Law Section 3020-a arbitration awardMatter of Tarasow v NYC Dept. of Educ., 2008 NY Slip Op 52066(U), Decided on October 6, 2008, Supreme Court, New York County, Feinman, J., [This opinion will not be published in the printed the Official Reports...

Federal District Court Judge Lewis Kaplan upholds rule prohibiting the wearing of political buttons in New York City Schools

Posted on October 20, 2008
Federal District Court Judge upholds Board of Education's rule prohibiting the wearing of political buttons in New York City SchoolsSource: Newspaper report of decisionThe New York City Board of Education?s October 1, 2008 issue of Principals? Weekly advised its readers as follows:"In light of the upcoming presidential election, it is important that schools comply with Chancellor?s Regulation D-130 with respect to the conduct of employees while on duty or in contact with students and the distribution of campaign literature...

Duty to defend and indemnify an employee being sued triggered by allegations of misconduct related to the performance of official duties

Posted on October 17, 2008
Duty to defend and indemnify an employee being sued triggered by allegations of misconduct related to the performance of official dutiesDreyer v City of Saratoga Springs, 2006 NY Slip Op 52618(U), Supreme Court, Saratoga County, Nolan, J. [not to be published in the printed Official Reports]The principal issue in Erin Dreyer?s suit against the City of Saratoga Springs and its City Council is whether the City is required to provide or pay for Dreyer?s defending herself in two Federal court actions in U...

Broad arbitration clause precludes judicial interpretation of a collective bargaining agreement where ?public policy? is not at issue

Posted on October 17, 2008
Broad arbitration clause precludes judicial interpretation of a collective bargaining agreement where ?public policy? is not at issueMatter of City of Utica v Teamsters, Chauffeurs, Warehousemen & Helpers Local Union 182, 2006 NY Slip Op 52623(U), Decided on October 5, 2006, Supreme Court, Oneida County, Hester, J...

Agency Determination of Fitness Entitled To Deference

Posted on October 17, 2008
Agency Determination of Fitness Entitled To DeferenceSource: 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...

Court rules that the appointing authority made its appointments consistent with the requirements of Section 61.1 of the Civil Service Law

Posted on October 16, 2008
Court rules that the appointing authority made its appointments consistent with the requirements of Section 61.1 of the Civil Service LawMatter of Cherry v New York State Civ. Serv. Commn, 2008 NY Slip Op 07660, decided on October 7, 2008, Appellate Division, Second DepartmentWhen New York State Civil Service Commission, in effect, affirmed a decision of the New York State Division of Housing and Community Renewal to promote certain individuals to the position of Rent Examiner 2, declining to promote Bruce Cherry to the title, Cherry sued seeking a court order compelling his selection for the position, claiming that he had been ?passed-over? in violation of Section 61...

New rules for reporting the ?standard work day? of elected and appointed officers proposed

Posted on October 16, 2008
New rules for reporting the ?standard work day? of elected and appointed officers proposedSource: State Reporter -- October 15, 2008, I.D. No. AAC-42-08-00002-PThe State Comptroller is proposing to amend regulations [2 NYCRR 315.4 et seq.] that would set out ?additional reporting requirements" for elected and appointed officials with respect to "the service, salary and deductions information" for all member-employees of employers that participate in the New York State Employees' Retirement System and the New York State Police and Fire Retirement System...

Employee?s claim that her position was eliminated and she was terminated because of her political affiliation rejected by the Appellate Division

Posted on October 15, 2008
Employee?s claim that her position was eliminated and she was terminated because of her political affiliation rejected by the Appellate DivisionWehlage v Quinlan, 2008 NY Slip Op 07382, Decided on October 3, 2008, Appellate Division, Fourth DepartmentMary Ann Wehlage sued the City of Olean contending that it had eliminated her position as animal control officer then terminated her employment because of her political affiliation in violation of her 42 USC �1983, the Civil Rights Act and �201(d) of New York State?s Labor Law...

Independent contractors not entitled to retirement benefits or other fringe benefits

Posted on October 15, 2008
Independent contractors not entitled to retirement benefits or other fringe benefitsAraneo v Town Bd. for Town of Clarkstown, 2008 NY Slip Op 07599, decided on October 7, 2008, Appellate Division, Second DepartmentMichael Araneo was the owner, president, and sole employee of a corporation: Michael Araneo, Inc...

Employee terminated for omitting relevant information from his application for employment

Posted on October 15, 2008
Employee terminated for omitting relevant information from his application for employmentMatter of Russell v New York Citywide Admin. Servs., 2008 NY Slip Op 07670, Decided on October 7, 2008, Appellate Division, Second DepartmentStephen Russell sued the New York City Department of Citywide Administrative Services following its terminating his temporary employment as a bridge and tunnel officer...

A police force is a semi-military organization and the appointing authority has ?great leeway? is determining an appropriate disciplinary penalty

Posted on October 14, 2008
A police force is a semi-military organization and the appointing authority has ?great leeway? is determining an appropriate disciplinary penaltyMatter of Smeraldo v Rater, 2008 NY Slip Op 07336, decided on October 3, 2008, Appellate Division, Fourth DepartmentTimothy J...

Simple majority vote required for most personnel actions taken by a Board

Posted on October 14, 2008
Simple majority vote required for most personnel actions taken by a Board Inquiry from Christopher A. Broich, President, Fortress Security From time to time a reader will submit a question concerning a personnel matter that may be of general interest to the readers of New York Public Personnel Law...

Education Law amended to bar attorneys from simultaneously serving as an independent contractor and as an employee with the same school district

Posted on October 14, 2008
Education Law amended to bar attorneys from simultaneously serving as an independent contractor and as an employee with the same school districtSenate 8699 (Skelos)/ Assembly 11743 (Sweeney),Governor David A. Paterson signed into law bill [S.8699 (Skelos) / A...

More access to government information on the Internet

Posted on October 14, 2008
More access to government information on the InternetVarious sourcesState Comptroller DiNapoli has provided a number of searchable databases of state government spending including more than 60,000 State contracts and spending for more than 100 state agencies...

Treating groups in the collective bargaining unit differently does not always constitute to a violation of the union?s duty of fair representation

Posted on October 10, 2008
Treating groups in the collective bargaining unit differently does not always constitute to a violation of the union?s duty of fair representationCalkins v Police Benevolent Assn. of N.Y. State Troopers, Inc., 2008 NY Slip Op 07368, decided on October 3, 2008, Appellate Division, Fourth DepartmentThomas E...

Destruction or loss of evidence

Posted on October 10, 2008
Destruction or loss of evidenceDep't of Correction v. Archibald, OATH Index Nos. 2214/08, 2215/08 & 2216/08 OATH Administrative Law Judge John Spooner rejected a correction officer's motion to dismiss disciplinary charges filed aginst him based upon the spoliation of certain logbooks sought as evidence...

NLRB Holds Michigan Charter School Is Private Employer Subject To Jurisdiction of NLRB

Posted on October 10, 2008
NLRB Holds Michigan Charter School Is Private Employer Subject To Jurisdiction of NLRBSource: 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 Charter School Administrative Services, 353 NLRB No...

Division of Human Rights? $25,000 award for refusing to assign employee to light duty because of a temporary disability reduced by Appellate Division

Posted on October 09, 2008
Division of Human Rights? $25,000 award for refusing to assign employee to light duty because of a temporary disability reduced by Appellate DivisionMatter of Iroquois Nursing Home, Inc. v New York State Div. of Human Rights, 2008 NY Slip Op 07320, Decided on October 3, 2008, Appellate Division, Fourth DepartmentThe New York State Division of Human Rights found that the Iroquois Nursing Home had unlawfully discriminated against Heather Gladle on the basis of her temporary disability and awarded her $25,000 in compensatory damages for mental anguish and humiliation...

Post Glen win for plaintiff in denial of disability benefits case

Posted on October 09, 2008
Post Glen win for plaintiff in denial of disability benefits case 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...

Statute of limitations no bar to bring disciplinary charges when the allegations claim ?continuous incompetency?

Posted on October 08, 2008
Statute of limitations no bar to bring disciplinary charges when the allegations claim ?continuous incompetency?Matter of Canna v Town of Amherst, 2008 NY Slip Op 07300, Decided on October 3, 2008, Appellate Division, Fourth DepartmentTown of Amherst Superintendent of the Wastewater Treatment Facility Anthony R...

In Loco Parentis relationship may entitle grandparent to FMLA Leave

Posted on October 08, 2008
In Loco Parentis relationship may entitle grandparent to FMLA LeaveSource: The FMLA Blog - Copyright � 2008. 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 LitigationThe FMLA permits an eligible employee to take FMLA leave to care for, among others, a son or daughter...

Is it negligence on the part of an employer if it fails to have effective and well-publicized sexual harassment policies in place?

Posted on October 07, 2008
Is it negligence on the part of an employer if it fails to have effective and well-publicized sexual harassment policies in place?Robin Cerdeira v Martindale-Hubbell, Appellate Division [New Jersey], Docket #A-5855-06T1, Decided September 18, 2008Often in harassment cases the employee did not take advantage of a grievance procedure but claims that the harassment was so pervasive that the employer knew or should have known about it...

Arbitration providing individual with due process equivalent to that provided by statute held appropriate

Posted on October 07, 2008
Arbitration providing individual with due process equivalent to that provided by statute held appropriateGuyden v Aetna, Inc., USCA 2nd Circuit, Docket #06-4954-cv, Decided October 2, 2008Linda C. Guyden sued Aetna, alleging that she had been terminated in violation of the whistleblower protection provision contained in a statute, in this case the Sarbanes-Oxley Act...

Employee?s termination affirmed based on her failure to show that the reasons given by her employer for dismissal were pretextual Hughes v City of Bet

Posted on October 07, 2008
Employee?s termination affirmed based on her failure to show that the reasons given by her employer for dismissal were pretextualHughes v City of Bethlehem, USCA, 3rd Circuit, Docket #07-2349, Decided October 2, 2008After Catherine Hughes was terminated from her employment with the City of Bethlehem, she sued, alleging employment discrimination based on her gender in violation of Title VII of the Civil Rights Act of 1964; employment discrimination based on her having a disability, i...

New York Appellate Division applies ?right to control? test to determine employee status for unemployment insurance purposes.

Posted on October 06, 2008
New York Appellate Division applies ?right to control? test to determine employee status for unemployment insurance purposes.Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Loans from retirement plans

Posted on October 06, 2008
Loans from retirement plansSource: Employee Plan News - October 3, 2008 The Fall Issue of the Internal Revenue Service?s Employee Plan News contains an article focusing on the tax consequences should an individual elect to use his or her ?retirement plan funds? to meet emergency or other expenses...

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