Labor & Employment Law

Appointing authority may substitute its judgment for that of the hearing panel if supported by substantial evidence

Posted on February 08, 2010
Appointing authority may substitute its judgment for that of the hearing panel if supported by substantial evidenceMatter of Chiofalo v Kelly, 2010 NY Slip Op 00785, decided on February 4, 2010, Appellate Division, First DepartmentNew York City Police Commissioner Raymond W...

Lawsuit dismissed for failure to specify the acts or omissions of unlawful discrimination underlying the complaint

Posted on February 08, 2010
Lawsuit dismissed for failure to specify the acts or omissions of unlawful discrimination underlying the complaintRoth v State University of New York, et. al., 61 AD3d 476Jeffrey Roth sued SUNY?s State College of Optometry and named individuals, alleging he was the victim of unlawful discrimination...

Failure to repay student loans bars admission to practice law

Posted on February 08, 2010
Failure to repay student loans bars admission to practice lawMatter of Anonymous, 61 AD3d 1214Although Anonymous passed the New York State bar exam and the State Board of Law Examiners certified him for admission to practice before the Appellate Division, Third Department, the Appellate Division concluded that Anonymous ?has not presently established the character and general fitness requisite for an attorney and counselor-at-law...

First circuit appeals court upholds two-member quorum of NLRB

Posted on February 08, 2010
First circuit appeals court upholds two-member quorum of NLRBSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at http://www.jacksonlewis.com/ All rights reserved.In a case of first impression, the U...

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

Union has no duty to act after member files a grievance on his or her own behalf

Posted on February 08, 2010
Union has no duty to act after member files a grievance on his or her own behalfGeorge Carr and Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and County Of Westchester. ALJ Blassman, PERB U-27258The ALJ dismissed Carr's charge, which alleged that CSEA violated §§209-a...

Employer policy requiring the employee charge his or her vacation days for illness if sick leave is exhausted upheld

Posted on February 08, 2010
Employer policy requiring the employee charge his or her vacation days for illness if sick leave is exhausted upheldUSDOL/OALJ Reporter, Decisions of the Administrative Review Board, ARB No. 08-082, ALJ No. 2008-STA-25In Wood v Aggregate Industries, the U...

Union did not breach its duty of fair representation by distributing grievance settlement fund to members even if they had not filed a grievance

Posted on February 06, 2010
Union did not breach its duty of fair representation by distributing grievance settlement fund to members even if they had not filed a grievanceSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H...

Municipality immune from award of punitive damages by administrative law judge

Posted on February 06, 2010
Municipality immune from award of punitive damages by administrative law judgeCollins v Village of Lynchburg, Ohio, Decisions of the Administrative Review Board ARB No. 07-079, ALJ No. 2006-SDW-3The U.S. Department of Labor's Administrative Review Board affirmed the Administrative Law Judge's finding that the Village of Lynchburg, Ohio, had violated the whistleblower provision of the Safe Drinking Water Act [SDWA] when it fired Michael Collins two hours after learning that he had called the Ohio EPA office about whether a proper procedure had been followed for a bacteria test for the village's water supply...

Public officer entitled to compensation despite his or her failure to file his or her oath of office

Posted on February 06, 2010
Public officer entitled to compensation despite his or her failure to file his or her oath of officeWhitman v City of Troy, 3 Misc 3d 794Cases in which the failure of a public officer to file his or her oath of office in a timely manner is an issue are somewhat rare...

Teaching assistant alleges she was improperly laid off as she was not the least senior individual under the terms of a "memo of understanding"

Posted on February 05, 2010
Teaching assistant alleges she was improperly laid off as she was not the least senior individual under the terms of a "memo of understanding"Appeal of Sarah T. A. McCart, Decisions of the Commissioner of Education, Decision No. 16,010The Hoosick Falls Central School District laid off Sarah T...

Employee terminated after violating employer?s policy barring accessing sexual materials via the Internet while at work

Posted on February 05, 2010
Employee terminated after violating employer?s policy barring accessing sexual materials via the Internet while at work Pacenza v. IBM Corp., 09-2025-cv (2nd Cir. 2-2-2010)[This case is not listed for publication.] James C. Pacenza, Sr., commenced this action under The Americans with Disability Act of 1990 ("ADA"), the Age Discrimination in Employment Act of 1967 ("ADEA"), and the New York State Human Rights Law ("NYSHRL")...

Second Circuit upholds dismissal of an alcoholic employee for poor attendance

Posted on February 05, 2010
Second Circuit upholds dismissal of an alcoholic employee for poor attendanceSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Lack of a clear explanation of the administrative procedure requires the granting an administrative hearing

Posted on February 05, 2010
Lack of a clear explanation of the administrative procedure requires the granting an administrative hearingMeadow* v NYC Dept. of Fin., Motor Vehicles, 61 AD3d 551The notice on the back of a New York City issued parking ticket indicated three ways "TO PLEAD NOT GUILTY' AND REQUEST A HEARING":1...

Volunteer firefighter terminated after being found guilty of failing to follow purchasing procedures and falsifying documents

Posted on February 05, 2010
Volunteer firefighter terminated after being found guilty of failing to follow purchasing procedures and falsifying documentsKurot v East Rockaway Fire Dept., 19 Misc 3d 1120, rev. Appellate Division, 61 AD3d 760The East Rockaway Fire Department filed disciplinary charges against Volunteer Fire Captain LeRoy Kurot alleging that he ?knowingly and willfully violated the Purchasing Policy of the East Rockaway Fire Department and the Village of East Rockaway...

An ambiguity as to the finality of an administrative determination tolls the running of the statute of limitations

Posted on February 05, 2010
An ambiguity as to the finality of an administrative determination tolls the running of the statute of limitationsMatter of Hasberry v New York City Dept. of Educ., et. al. and the New York City Department of Education, et. al., 61 AD3d 523Marco Viola and Linda Branch, employed by Thomas Buses, Inc...

Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of age

Posted on February 05, 2010
Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of ageMatter of Lester v New York State Off. of Parks, Recreation & Historic Preservation, 60 AD3d 680The New York State Division of Human Rights dismissed Roy J...

Arbitration pursuant to the terms of a collective bargaining agreement held exclusive remedy for alleged discrimination

Posted on February 05, 2010
Arbitration pursuant to the terms of a collective bargaining agreement held exclusive remedy for alleged discrimination14 Penn Plaza LLC et al. v Pyett et al., United States Supreme Court, 129 S. Ct. 1456, 556 US __, 173 L. Ed. 2d 398United States Supreme Court ruled that a provision in a collective-bargaining agreement that ?clearly and unmistakably? compels union members to arbitrate Age Discrimination in Employment Act (ADEA) claims instead of using EEOC and courts to resolve the issue controls...

Terminating a probationary teacher?s employment

Posted on February 04, 2010
Terminating a probationary teacher?s employmentMatter of Hinson and the Board of Education of the Valhalla Union Free School District, Decisions of the Commissioner of Education, Decision No. 15,908Cynthia Hinson challenged the termination of her probationary appointment and denial of tenure by the Board of Education of the Valhalla Union Free School District...

Extension of Supplemental Military Leave benefits proposed by Civil Service Commission

Posted on February 04, 2010
Extension of Supplemental Military Leave benefits proposed by Civil Service Commission*I.D. No. CVS-05-10-00005-P - This is a consensus rule making to amend §§21.15 and 28-1.17 of Title 4 NYCRR.The Civil Service Commission has filed a proposed amendment to the Attendance Rules for State employees providing for the extention of the availability of supplemental military leave benefits for certain New York State employees through December 31, 2010...

Dismissed worker terminated after §75 hearing held in absentia for being AWOL due to incarceration ordered reinstated following acquittal of charges

Posted on February 04, 2010
Dismissed worker terminated after §75 hearing held in absentia for being AWOL due to incarceration ordered reinstated following acquittal of chargesSilberzweig v Doherty, 23 Misc 3d 618*As framed by New York State Supreme Court Justice Alice Schlesinger, ?This CPLR Article 78 proceeding commenced by Matthew Silberzweig, a former employee of the Department of Sanitation, against the Sanitation Commissioner presents an "interesting" question:"Was it arbitrary and capricious and/or an abuse of discretion for the Commissioner to deny Silberzweig's application for reinstatement to employment, when Silberzweig was discharged based on his absence from work without leave (AWOL) due to an arrest, and he was subsequently acquitted of all charges related to the arrest?? Ultimately Justice Schlesinger held that it was arbitrary and capricious for the public employer not to reinstatement him to his former position, reasoning that denying Silberzweig reinstatement was unlawful because it contravenes the statutory prohibition in Civil Service Law §75 and [New York City?s] Administrative Code §16-106 against disciplining a covered employee absent misconduct...

Employee disciplined for misrepresenting work productivity

Posted on February 04, 2010
Employee disciplined for misrepresenting work productivity New York City Employees? Retirement System v Domenech, OATH Index #2683/09Finding Aida Domenech, a retirement benefits examiner, guilty of misrepresenting her productivity when she claimed that she had completed four cases two weeks before she had actually finished the work, OATH Administrative Law Judge Julio Rodriguez recommended that Domenech be suspended for thirty days without pay.

At-will employee not entitled to a pre-termination hearing

Posted on February 04, 2010
At-will employee not entitled to a pre-termination hearingMatter of Dorsey v Herkimer County Community Coll., 61 AD3d 1380Janet Evelyn Dorsey was employed by the Herkimer County Community College in a series of annual and biyearly appointments and did not have a continuing appointment or other tenure status with the College...

PERB reverts to its earlier ?past-practice? analysis in determining ?unit work?

Posted on February 04, 2010
PERB reverts to its earlier ?past-practice? analysis in determining ?unit work?Matter of Manhasset Union Free School Dist. v New York State Pub. Empl. Relations Bd., 61 AD3d 1231The Public Employment Relations Board held that Manhasset Union Free School District had violated Civil Service Law §209-a(1)(d) by transferring "unit work to outside contractors...

Authority to initiate disciplinary action against an employee

Posted on February 04, 2010
Authority to initiate disciplinary action against an employeeMatter of Stafford v Board of Educ. of Mohonasen Cent. School Dist., 61 AD3d 1259Joel Stafford was served with disciplinary charges pursuant to §75 of the Civil Service Law. Found guilty of various charges of misconduct and incompetence, Stafford was dismissed from his position as a school custodian...

Involvement in an accident going to or from work typically is not job-related for the purposes of receiving workers' compensation benefits

Posted on February 04, 2010
Involvement in an accident going to or from work typically is not job-related for the purposes of receiving workers' compensation benefitsMatter of Littles v New York State Dept. of Corrections, 61 AD3d 1266While en route to her job at a prison, Wandell Littles was injured when she was involved in an automobile accident approximately 10 feet from the entrance to the facility...

Se habla español aquí - proporcionar información de la COBRA en español

Posted on February 03, 2010
Se habla español aquí - proporcionar información de la COBRA en españolThe United States Department of Labor's Employee Benefits Security Administration has posted a number of fact sheets on its "COBRA website" to aid employers to provide information to employees and their dependents in Spanish...

First comply with the superior?s directive; then file a grievance to object

Posted on February 03, 2010
First comply with the superior?s directive; then file a grievance to objectHealth & Hospital Corp v Tanvir, OATH Index #797/10OATH Administrative Law Judge Alessandra Zorgniotti recommended termination of Shahid Tanvir, a laboratory associate employed by the New York City Health and Hospital Corporation...

Applying the faithless servant doctrine, employer does not have to pay benefits to former employees found guilty of embezzling

Posted on February 03, 2010
Applying the faithless servant doctrine, employer does not have to pay benefits to former employees found guilty of embezzling William Floyd Union Free School Dist. v Wright, 61 AD3d 856The William Floyd Union Free School District asked Supreme Court to relieve it of its contractual obligation to provide postretirement health and dental insurance benefits to Daniel C...

Appointing authority is entitled to rely upon the findings of its own medical personnel when qualifying an applicant for employment

Posted on February 03, 2010
Appointing authority is entitled to rely upon the findings of its own medical personnel when qualifying an applicant for employmentMatter of City of New York v New York City Civ. Serv. Commn., 61 AD3d 584The New York Civil Service Commission reversed a determination made by the New York City Police Commissioner that disqualified a candidate for appointment as a police officer for medical reasons: the applicant suffered from sleep apnea...

Lack of evidence of a connection to a protected activity defeats improper practice claim

Posted on February 03, 2010
Lack of evidence of a connection to a protected activity defeats improper practice claimRonald Grassel and Board of Education of The City School District of The City of New York, PERB Decision U-27502, 9/24/08The Board Public Employment Relations Board affirmed a decision of an ALJ dismissing a charge filed by Ronald Grassel alleging that the Board of Education had violated §209-a...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.