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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

Dismissal because of threatening behavior towards coworker held disqualifying misconduct for the purposes of receiving unemployment insurance benefits

Posted on August 09, 2010
Dismissal because of threatening behavior towards coworker held disqualifying misconduct for the purposes of receiving unemployment insurance benefitsMessado v City of New York, 2010 NY Slip Op 06343, Decided on August 5, 2010, Appellate Division, Third DepartmentBernard R...

Settling disciplinary actions

Posted on August 09, 2010
Settling disciplinary actionsWolfe v Jurczyski, 241 AD2d 88In some disciplinary cases an employee is offered a settlement that typically provides for summary termination of the individual without a hearing if he or she violates any of the terms of the settlement...

Preferred lists and retirees

Posted on August 06, 2010
Preferred lists and retireesDecisions of the Commissioner of Education #13896Does a public employee retain his or her ?preferred list right? resulting from his or her being laid-off into retirement? This was the significant issue in Dakin Morehouse?s appeal to the Commissioner of Education...

State Comptroller's audit finds $600 million in MTA overtime approved without question

Posted on August 06, 2010
State Comptroller's audit finds $600 million in MTA overtime approved without questionSource: Office of the State ComptrollerMore than 140 employees at the Metropolitan Transportation Authority (MTA) doubled their annual salaries through overtime pay last year, according to an audit report released by State Comptroller Thomas P...

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Employee?s resigning after refusing to comply with employer?s policy not always a ?disqualifying event" for unemployment insurance purposes

Posted on August 06, 2010
Employee?s resigning after refusing to comply with employer?s policy not always a ?disqualifying event" for unemployment insurance purposesEmery v Memorial Sloan Kettering Cancer Ctr., 2010 NY Slip Op 06333, decided on August 5, 2010, Appellate Division, Third DepartmentJean M...

Union awarded $165,000.50: fifty cents in damages plus $165,000 for attorney fees

Posted on August 06, 2010
Union awarded $165,000.50: fifty cents in damages plus $165,000 for attorney feesLocal 32B-32J, SEIU v Port Authority, USDC SDNY 96 CIV 1438Although Locals 32B and 32J won only fifty cents in damages after refusing a settlement offer of $50,000, they were awarded attorney fees and court costs totaling more than $165,000...

Educator disciplined after administering corporal punishment

Posted on August 06, 2010
Superior reporting employee's misconduct had either absolute immunity or qualified immunity from liabilityTaylor v Brentwood UFSD, CA2, 143 F.3d 679A Brentwood school principal, Anne Rooney, alleged that district teacher, Charles B. Taylor, used corporal punishment in violation of district policy...

Declaring a school board member?s office vacant by reason of his or her unexcused absences

Posted on August 05, 2010
Declaring a school board member?s office vacant by reason of his or her unexcused absencesMargaret McQuaid Kaplan v Board of Education of the East Meadow Union Free School District, Decisions of the Commissioner of Education, Decision No. 16,113Margaret McQuaid Kaplan was elected as a member of the East Meadow Union Free School Board in May 2007...

Stay of arbitration

Posted on August 05, 2010
Stay of arbitrationTown of Hempstead v CSEA Local 1000, Supreme Court, Nassau County, [Not selected for publication in the Official Reports]Under what circumstances will a court issue an order barring a grievance from being submitted to arbitration? As the Town of Hempstead case demonstrates, the court must be persuaded that (1) the demand for arbitration was untimely, or (2) that the subject matter of the grievance was not arbitrable, or (3) both...

Remanding an arbitration award for the sole purpose of calculating or recalculating "damages" does not permit a new determination on the merits

Posted on August 05, 2010
Remanding an arbitration award for the sole purpose of calculating or recalculating "damages" does not permit a new determination on the meritsShroid Construction v Dattoma, App Div, 250 AD2d 590Sometimes an arbitration award is challenged pursuant to Article 75 and while sustained on the merits, the matter is remanded to calculate or recalculate the amount of ?damages? to be paid...

Probationary termination procedure found consistent with due process

Posted on August 05, 2010
Probationary termination procedure found consistent with due processPersico v NYC Board of Education, Appellate Division, 250 A.D.2d 854Isabella G. Persico, a New York City probationary teacher, was terminated from her position effective September 3, 1990...

A request seeking permission to delay filing an appeal with the Commissioner of Education must be timely filed

Posted on August 04, 2010
A request seeking permission to delay filing an appeal with the Commissioner of Education must be timely filedM.H. v Santiago Taveras, Interim-Acting Deputy Chancellor for Teaching and Learning of the New York City Department of Education, Decisions of the Commissioner of Education, Decision No...

Canceling COBRA coverage

Posted on August 04, 2010
Canceling COBRA coverageGeissal v Moore Medical Corp., USSC, 524 U.S. 74If an employer discovers that an individual participating in its health insurance plan under COBRA is also covered as a dependent under a different health insurance plan, may it cancel his or her coverage?It all depends on the date on which the individual?s coverage as a dependent in the other plan took effect...

Unemployment Insurance Board may apply the doctrine of collateral estoppel to reject an individual?s application for benefits

Posted on August 04, 2010
Unemployment Insurance Board may apply the doctrine of collateral estoppel to reject an individual?s application for benefitsObafemi v Comm. of Labor, Appellate Division, 250 A.D.2d 905Suppose an employee who has been dismissed from his or her position following a disciplinary hearing applies for unemployment insurance benefits...

Past practice of using seniority in bidding for shift assignment trumps Sabbath observer?s request for work schedule adjustment

Posted on August 04, 2010
Past practice of using seniority in bidding for shift assignment trumps Sabbath observer?s request for work schedule adjustmentBalint v Carson City [Nevada], CA9, 144 F.3d 1225Lisette Balint had been selected for employment in the detention center of the Carson City, Nevada Sheriff Department and was to start ?on a swing shift? effective Friday, March 31, 1995...

Providing legal representation and indemnification of State officers and employees

Posted on August 04, 2010
Providing legal representation and indemnification of State officers and employeesSamuels v Vacco, Appellate Division, 251 AD2s 10Section 17 of the Public Officers Law provides that a state officer or employee is entitled to representation by the Attorney General if the individual is sued as a result of his or her performing official duties...

Individual ineligible for unemployment insurance benefits if compensation exceeds the highest benefit rate applicable during relevant ?effective days?

Posted on August 03, 2010
Individual ineligible for unemployment insurance benefits if compensation exceeds the highest benefit rate applicable during relevant ?effective days?Robinson v Commissioner of Labor, 2010 NY Slip Op 06272, decided on July 29, 2010, Appellate Division, Third DepartmentA claimant for unemployment insurance benefits is eligible to be paid for an accumulation of "effective days" of unemployment, provided that no effective days may be accumulated in any week in which he or she is paid compensation exceeding the highest benefit rate applicable...

The statute of limitations for filing an appeal commences to run on date the individual knew, or should have known, of the event or omission

Posted on August 03, 2010
The statute of limitations for filing an appeal commences to run on date the individual knew, or should have known, of the event or omissionWilliam R. Hayes v The Board of Education of the Saugerties Central School District, Decisions of the Commissioner of Education, Decision No...

Uninterrupted Civil Service Law �72 absence for one year or more permits termination of employee pursuant to �73 of the Civil Service Law

Posted on August 02, 2010
Uninterrupted Civil Service Law �72 absence for one year or more permits termination of employee pursuant to �73 of the Civil Service LawNYC Dept. of Corrections v Anonymous, OATH Index #1472/10OATH Administrative Law Judge Alessandra Zorgniotti recommended that the New York City Department of Correction terminate a correction officer absent on Civil Service Law Section 72 leave from employment pursuant to Section 73 of the Civil Service Law after the officer has been absent from duty continuously for more than one year due to a non work-related disability...

$378,000 of the Town?s funds by writing checks to the Supervisor and herself

Posted on August 02, 2010
Comptroller's audit finds former Town Supervisor's spouse misappropriated $378,000 of the Town?s funds by writing checks to the Supervisor and herself Source: Office of the State ComptrollerAccording to an audit released by State Comptroller Thomas P...

Federal Court in Michigan holds plaintiff must exhaust local administrative review despite belief that hearing officer was selected by city attorney

Posted on August 02, 2010
Federal Court in Michigan holds plaintiff must exhaust local administrative review despite belief that hearing officer was selected by city attorneySource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2010, All rights reserved http://lawprofessors...

FMLA leave request does not insulate employee from unrelated disciplinary action

Posted on August 02, 2010
FMLA leave request does not insulate employee from unrelated disciplinary actionSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright � 2010. 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...

Court sustains Human Rights? finding that the reasons advanced by employer for terminating employee was pretext for unlawful discrimination

Posted on July 30, 2010
Court sustains Human Rights? finding that the reasons advanced by employer for terminating employee was pretext for unlawful discriminationNew York State Office of Mental Health v New York State Division of Human Rights, 2010 NY Slip Op 06268, Decided on July 29, 2010, Appellate Division, Third DepartmentBisi Asimolowo was employed by the Office of Mental Health as a pharmacy intern in 1992 and Asimolowo understood that he was expected to take and pass the licensing examination to become a pharmacist...

Paying prevailing wages

Posted on July 30, 2010
Paying prevailing wagesOffice of the Comptroller ex rel Local 924 v Office of Labor Relations, OATH Index No. 464/10Office of the Comptroller ex rel Local 1087 v Office of Labor Relations, OATH Index No. 588/10The "prevailing wage law" requires the City of New York to pay ?laborers, workmen and mechanics? in its employ the prevailing rate of wages and benefits paid in the private sector for work in the same trade in the locality...

Protecting whistleblowers the focus of a policy statement issued by Wayne County [NY]

Posted on July 29, 2010
Protecting whistleblowers the focus of a policy statement issued by Wayne County [NY]Source: Wayne County web siteWayne County recently issued a policy statement addressing Whistleblower Protections . The statement indicates that ?Wayne County will extend to its employees all protections afforded to them under the applicable State and federal Whistleblower laws including the Federal False Claims Act, the New York State False Claims Act and the New York Civil Service Law...

Revised Model State Administrative Procedure Act

Posted on July 29, 2010
Revised Model State Administrative Procedure ActSource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/From the National Conference of Commissioners on Uniform State Laws (NCCUSL) web site:The Revised Model State Administrative Procedure Act is an update of the 1980 act of the same name...

Oregon retired police officers do not have a property interest in continuing in the health insurance plan available to police officers on active duty

Posted on July 29, 2010
Oregon retired police officers do not have a property interest in continuing in the health insurance plan available to police officers on active dutyDoyle v City of Medford, USCA, 9th Circuit, No. 09-16037Although the City of Medford, Oregon did not provide health insurance coverage to its retired police officers upon their retirement, the retirees could elect to remain covered in the City?s plan for 18 months after their retirement under the Consolidated Omnibus Budget Reconciliation Act of 1985, COBRA, 29 U...

Books from the Public Employment Law Press

Posted on July 29, 2010
Books from the Public Employment Law PressFor information about PELP's e-book Layoff, Preferred Lists and Reinstatement of public employees in New York, go to: http://nylayoff.blogspot.com/For information about PELP's The Discipline Book, now available in both an e-book and in a softcover format, go to: http://booklocker...

An individual must prove his or her case by a ?preponderance of the evidence? in order to prevail at a ?name-clearing hearing?

Posted on July 28, 2010
An individual must prove his or her case by a ?preponderance of the evidence? in order to prevail at a ?name-clearing hearing?Casale v Metropolitan Transp. Auth., 2010 NY Slip Op 06218, decided on July 27, 2010, Appellate Division, First DepartmentNicholas Casale, claiming that certain statements in the Metropolitan Transportation Authority's letter to him terminating his employment* characterizing his actions as ?dishonest? were false, demanded a name-clearing hearing...

US Department of Labor COBRA website updated

Posted on July 28, 2010
US Department of Labor COBRA website updatedSource: Labor Department press releaseThe Department of Labor's Employee Benefits Security Administration has updated its dedicated COBRA web page to reflect the relevant changes resulting from the Unemployment Compensation Extension Act of 2010...

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