New York Public Personnel Law: Labor & Employment Law

Home -> Law Blog Directory -> Labor & Employment Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Retirees are not employees within the meaning of the Taylor Law

Posted on September 20, 2010
Retirees are not employees within the meaning of the Taylor LawNew Action and United Federation of Teachers, 30 PERB 3048New Action, a retiree group, asked the United Federation of Teachers [UFT] for a list of the names and addresses of its retired members...

Ignoring directives given by superiors

Posted on September 20, 2010
Ignoring directives given by superiorsLowery v Office of Court Admin., App. Div., 244 AD2d 192Patricia Lowery, an employee of the Office of Court Administration, was alleged to have "disregarded express directives" given to her by her supervisor.Found guilty, Lowery was terminated from her position...

Evaluating applications for disability retirement

Posted on September 20, 2010
Evaluating applications for disability retirement Vasquez v Board of Trustees NYCFD, NYS Supreme Court [Not selected for publication in the Official Reports]Furch v Bucci, Appellate Division, 245 AD2d 749, Motion to appeal dismissed as not a final order, 91 NY2d 953The rejection of an application for accidental disability retirement typically hinge on the resolution of two important questions: (1) Did the individual suffer a line-of-duty injury? and, if so, (2) did the injury result in a permanent disability? The Vasquez and Furch consider the elements involved in making such determinations...

Selected articles concerning employment related issues noted by law firms

Posted on September 17, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

To access this complete feed in the blog feed reader login or register for free.

Retirement benefits and divorce

Posted on September 17, 2010
Retirement benefits and divorceMassaro v Massaro, NYS Supreme Court, [Not selected for publication in the Official Reports, see 2002 WL 243385]In Massaro v Massaro, New York State Supreme Court Justice Blydenburgh answered an important question concerning the rights of a divorced spouse to benefits from a public retirement system such as the New York State Employees' Retirement System [ERS]...

Salary determinations by political subdivisions of the State

Posted on September 17, 2010
Salary determinations by political subdivisions of the StateKent v Town of Niskayuna, Appellate Division, 244 AD2d 829Peter E. Kent, Commissioner of Public Works for the Town of Niskayuna in Schenectady County, anticipated receiving an increase in his compensation as a Grade 27 employee in accordance with the salary table set out in the Town's employee handbook...

Eligibility of employee for unemployment insurance benefits following resignation

Posted on September 17, 2010
Eligibility of employee for unemployment insurance benefits following resignationDe Benedetto v Brookhaven, Appellate Division, 244 AD2d 740Is an employee who agrees to resign rather than face disciplinary charges entitled to unemployment insurance benefits? As indicated by the De Benedetto decision by the Appellate Division, it depends on the circumstances...

Union dues a factor in a divorce proceeding

Posted on September 17, 2010
Union dues a factor in a divorce proceedingElizabeth A. v Hector S., NYS Supreme Court, Judge Bednar, [Not selected for publication in the Official Reports]Would you think that union dues could be a factor in a divorce proceeding? It was in the case of Elizabeth A...

What is the result should an employee fail or refuse to file an answer to Section 75 disciplinary charges

Posted on September 16, 2010
What is the result of an employee?s failure or refusal to file an answer to Section 75 disciplinary chargesResponse to an inquiry from a NYPPL readerA NYPPL reader asks: If an individual served with disciplinary charges pursuant to Section 75 of the Civil Service does not file an answer to the charges and specifications, may the appointing authority impose the proposed penalty without holding a disciplinary hearing?Although it appears that this specific question has yet to be litigated, a close reading of Section 75 suggests such an action by an employer would not survive judicial scrutiny...

Selected articles concerning employment related issues noted by law firms

Posted on September 16, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

Collecting a paycheck could be a work related activity

Posted on September 16, 2010
Collecting a paycheck could be a work related activityDandola v Workers' Compensation Board, App Div, 244 AD2d 729William Dandola, a New York City Corrections Officer, slipped and fell, injuring his knee. According to the decision, Dandola fell in front of the Rikers Island correction facility while running to pick up his paycheck on his day off...

Acquisition of a private entity by a public employer

Posted on September 16, 2010
Acquisition of a private entity by a public employerNeron v NYC Health and Hospitals Corp., Supreme Court [Not selected for publication in the Official Reports]In January 1998, New York State Supreme Court Justice Shainswit considered a personnel issue that is rarely litigated -- the status of individuals who work for a private employer having a contract with a public entity to provide certain services and later become employees of that public entity...

Second Circuit Court of Appeals explains why ADEA, Title VII, Equal Protection, LMRA and ERISA claims against the City had to be dismissed

Posted on September 15, 2010
Second Circuit Court of Appeals explains why ADEA, Title VII, Equal Protection, LMRA and ERISA claims against the City had to be dismissedVandermark v City of N.Y., 09-4746-cv (2nd Cir. 9-7-2010) [Summary Order*]Marshall Vandermark was the lead plaintiff when a number of Environmental Police Officers (EPOs) employed by the City of New York sued the City alleging hat the City had violated various state and federal laws with respect to their compensation and fringe benefits...

Selected articles concerning employment related issues noted by law firms

Posted on September 15, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed - [New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

Answering the questions asked by an investigator

Posted on September 15, 2010
Answering the questions asked by an investigatorChance v Erickson, US Supreme Court, 522 U.S. 262The U.S. Supreme Court has ruled that federal employees being investigated in connection with alleged employment-related misconduct who knowingly give false answers to the investigators may be given stiffer penalties than might otherwise be imposed on them for the underlying misconduct...

Appealing a Disciplinary Action

Posted on September 15, 2010
Appealing a Disciplinary ActionPodszus v Mt. Vernon, App Div, 246 AD2d 548The Podszus case demonstrates the importance of selecting the correct forum to hear an appeal.The Commissioner of Public Safety found William Podszus, a City of Mount Vernon police officer, guilty of charges of insubordination and malicious gossip and imposed as the penalty of the forfeiture of 10 days of pay...

Determinng Claims for accidental disability retirement benefits based on GML Section 207-kk, the so-called "Cancer Bill"

Posted on September 15, 2010
Determinng Claims for accidental disability retirement benefits based on GML Section 207-kk, the so-called "Cancer Bill"Kopetz v Article 1-B Pension Fund, 255 A.D.2d 443The so-called Cancer Bill, General Municipal Law Section 207-kk, provides eligibility for accidental disability retirement under certain conditions...

Retirees? rights to health insurance benefits

Posted on September 15, 2010
Retirees? rights to health insurance benefitsPrater v Ohio Education Assoc. CA6, Docket #06-4393Retired employees of Education Association sued, contending that the Association had improperly terminated their health benefits that had been provided in accordance with the terms of a series of collective bargaining agreements...

Attorney in private practice employed by municipality to conduct an investigation claims qualified immunity when sued by employee

Posted on September 14, 2010
Attorney in private practice employed by municipality to conduct an investigation claims qualified immunity when sued by employeeDelia v. City of Rialto, USCA, 9th Circuit, No. 09-55514, decided September 9, 2010In this 42 USC �1983 action, Firefighter Nicholas B...

Continuing Legal Education courses offered pro bono by Tully Rinckey, PLLC

Posted on September 14, 2010
Continuing Legal Education courses offered pro bono by Tully Rinckey, PLLCSource: Announcement from Tully RinckeyTully Rinckey, a law firm headquartered in Albany, New York, is offering a number of continuing legal education [CLE] courses that can be used to satisfy the minimum annual CLE requirements for newly admitted attorneys without any cost to the participants...

Selected articles concerning employment related issues noted by law firms

Posted on September 14, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed[New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

Early termination of a school superintendent's contract permitted

Posted on September 14, 2010
Early termination of a school superintendent's contract permittedPeebles and Forestville CSD, Comm of Ed Decision 13845A school board's approval of the early termination of its school superintendent's contract resulted in a board member filing a complaint concerning its action with the Commissioner of Education...

Financial Disclosure by Federal Officers

Posted on September 14, 2010
Financial Disclosure by Federal OfficersFormal Opinion of the Attorney General 98-F1The Attorney General concludes that federal officials serving as members or directors of State public benefit corporation to monitor federal funds cannot be required to comply with New York's financial disclosure requirements [Section 73-a, Public Officers Law]...

Disciplinary action for failure to maintain height and weight requirements to continue in public employment lawful

Posted on September 14, 2010
Disciplinary action for failure to maintain height and weight requirements to continue in public employment lawfulFrancis v. City of Meriden, CA2, 129 F.3d 281, Cert. denied, 526 U.S. 1018Does disciplining law enforcement personnel and firefighters who fail to meet certain ?weight/height? guidelines constitute unlawful discrimination under Americans with Disabilities Act of 1990 [ADA] or the Rehabilitation Act of 1973 [RHA]? In the Francis case, the U...

Newspaper ordered to disclose the source of alleged inaccurate information it published to the individual suing for alleged defamation

Posted on September 13, 2010
Newspaper ordered to disclose the source of alleged inaccurate information it published to the individual suing for alleged defamationMatter of Pakter v New York City Dept .of Educ., 2010 NY Slip Op 32451(U, August 20, 2010, Supreme Court, New York County, Judge Cynthia S...

Employee?s reporting feeling ?tired, lethargic, fatigue-ish and ill? insufficient notice to trigger the protections of the FMLA

Posted on September 13, 2010
Employee?s reporting feeling ?tired, lethargic, fatigue-ish and ill? insufficient notice to trigger the protections of the FMLASource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright � 2010. All rights reserved by Carl C. Bosland, Esq...

Why lay people are sometimes confused by administrative law

Posted on September 13, 2010
Why lay people are sometimes confused by administrative lawSource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/Heck, why lawyers are sometimes confused by administrative law...

Selected articles concerning employment

Posted on September 13, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx] Click on the Heading of the item to access the full text of the article...

Through investigation of allegations of misconduct prior to initiating disciplinary action critical

Posted on September 13, 2010
Through investigation of allegations of misconduct prior to initiating disciplinary action criticalMichaelis v State, New York State Supreme Court, [Not selected for publication in the Official Reports, affd., 258 A.D.2d 693]The Michaelis case illustrates the importance of an employer thoroughly investigating allegations before serving disciplinary charges against an employee...

Retiree health insurance benefits

Posted on September 13, 2010
Retiree health insurance benefitsAeneas McDonald PBA v City of Geneva, App. Div., 245 A.D.2d 1042, Affirmed, 92 N.Y.2d 326The elimination or modification of a public retiree?s health insurance coverage by a former employer has been the subject of a number of recent litigations...

Previous | Next

Related Law Bulletins

Claim for Concealment of Value of Marital Assets Dismissed in New York
Once a divorce case is settled, parties often experience “buyer�...

Pre-Nuptial Agreements: New York Tolls the Statute of Limitations
The New York legislature has passed a law that clears up what had ...

Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?
I was in the emergency room with my son one evening, and the emerg...

Another Fatal Accident on the New York Bronx River Parkway
November 2007 has been a treacherous month on the Bronx River Park...

New York City Car Crash Kills Woman Who Survived 9/11
Florence Cioffi, a woman who survived 9/11 and was just days from ...