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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

Court annuls Commissioner of Human Rights' determination because it lacked substantial evidence to support a finding of unlawful discrimination

Posted on February 03, 2010
Court annuls Commissioner of Human Rights' determination because it lacked substantial evidence to support a finding of unlawful discriminationMatter of Suffolk County Community Coll. v New York State Div. of Human Rights, 61 AD3d 881The Commissioner of the New York State Division of Human found Suffolk County Community College had engaged in unlawful racially discriminatory practices against one of its employees and retaliated against him...

Reopening an appeal following the promulgation of a decision by the Commissioner of Education

Posted on February 03, 2010
Reopening an appeal following the promulgation of a decision by the Commissioner of EducationMatter of Rocco N. Lanzilotta and Westbury Union Free School District, Decisions of the Commissioner of Education, Decision 15,911Section 276.8 [8 NYCRR 276.8] of the Commissioner?s regulations provides for the reopening of an appeal previously decided by the Commissioner under certain conditions and circumstances...

Administrative disciplinary decision finding employee guilty must be affirmed if supported by substantial evidence

Posted on February 03, 2010
Administrative disciplinary decision finding employee guilty must be affirmed if supported by substantial evidenceDeNardo v Mamaroneck Union Free School District, 61 AD3d 864Board of Education of the Mamaroneck Union Free School District served Valerie DeNardo with disciplinary charges pursuant to §75 of the Civil Service Law...

Applying the public policy exception in a judicial review arbitration awards

Posted on February 02, 2010
Applying the public policy exception in a judicial review arbitration awardsMatter of Amalgamated Transit Union v MTA Bus Co., 2009 NY Slip Op 30877(U), April 16, 2009, Supreme Court, New York County, Docket Number: 115102/08, Judge: O. Peter Sherwood [Not selected for inclusion in the Official Reports]Amalgamated Transit Union, Local 1179, AFL-CIO filed a petition pursuant to CPLR Article 75 CPLR Article 75 seeking the confirmation of an arbitration award in its favor providing for the reinstatement of one of its members, Adron Grate...

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The FMLA does not cover faith-healing trips that include a vacation aspect

Posted on January 29, 2010
The FMLA does not cover faith-healing trips that include a vacation aspectSource: WORK MATTERS: a law blog by Michael P. Maslanka, Esq.Michael P. Maslanka, managing partner of Ford & Harrison in Dallas, Texas, reports that the FMLA does not cover faith-healing trips that include a vacation aspect...

Probationary teacher dismissed for an alleged inappropriate sexual relationship with a student

Posted on January 29, 2010
Probationary teacher dismissed for an alleged inappropriate sexual relationship with a studentBlack v New York City Dept. of Educ., 62 AD3d 468The Chancellor of the New York City Department of Education gave probationary teacher Thomas Black an unsatisfactory rating, terminated his ?physical education? license and place his name on the Department's Ineligible/Inquiry list...

Using a global positioning device to track the location of individuals while at work

Posted on January 29, 2010
Using a global positioning device to track the location of individuals while at work People v Weaver, 12 NY3d 433A number disciplinary actions taken against employees were initiated by, or relied upon, the use of global positioning equipment installed in the employer?s vehicle or in the employer-issued cell phone...

Employee terminated after losing the license required to perform the duties of the position

Posted on January 29, 2010
Employee terminated after losing the license required to perform the duties of the positionMatter of New York State Off. of Children & Family Servs. v Lanterman, 62 AD3d 1109The most significant issue in the Lanterman case concerned the result if the individual does not hold the license, certification, permit or other credential required to perform the duties of the position for which the

An attorney?s advice sent by one layperson to another layperson not an attorney-client communication subject to a FOIL exception

Posted on January 29, 2010
An attorney?s advice sent by one layperson to another layperson not an attorney-client communication subject to a FOIL exceptionMatter of Siani v Clark, 23 Misc 3d 1123(A)Dominick J. Siani submitted a FOIL request to the State University of New York (SUNY) Records Access Officer to obtain "all e-mails, memoranda and correspondence ...

Summarily terminating a provisional appointee

Posted on January 28, 2010
Summarily terminating a provisional appointeeMatter of Turner v Horn, 2010 NY Slip Op 00565, Decided on January 26, 2010, Appellate Division, First DepartmentLakeisha Turner, a probationary employee serving with the New York City Department of Correction, was terminated during her probationary period without a hearing or a statement of reasons...

Placement on a ?special military list? for appointment to a position in the competitive class following military service

Posted on January 28, 2010
Placement on a ?special military list? for appointment to a position in the competitive class following military serviceMatter of Woods v New York City Dept. of Citywide Admin. Services, 24 Misc 3d 849The Woods case address a situation that may be faced by public employers with increasing frequency during the next several years as individuals are released from military service: the rights of such

An individual?s right to the payment of the value of accrued sick leave credits deemed deferred compensation is not forfeited upon death

Posted on January 28, 2010
An individual?s right to the payment of the value of accrued sick leave credits deemed deferred compensation is not forfeited upon deathMatter of Shaffer, 23 Misc 3d 1125(A)Stephen Shaffer was a teacher employed by the Elmont Union Free School District...

Arbitrator to determine if CBA's disciplinary procedure applies in the event an employee is summarily dismissed due to the lack of certification

Posted on January 28, 2010
Arbitrator to determine if CBA's disciplinary procedure applies in the event an employee is summarily dismissed due to the lack of certificationMatter of New York State Off. of Alcoholism & Substance Abuse Servs. v Ortiz, 62 AD3d 1118NYPPL recently summarize the decision in Matter of New York State Off...

Commissioner of Education grants

Posted on January 28, 2010
Commissioner of Education grants school board member a certificate of good faith permitting the district to reimburse his legal fees and expensesApplication of Fu-Yun Tang for the removal of Uri Kaufman as a member of the Board of Education of the Lawrence Union Free School District, Decisions of the Commissioner of Education, Decision No...

Claimant?s failure to read the instructions results the imposition of a ?forfeiture penalty? by the Unemployment Insurance Appeals Board

Posted on January 27, 2010
Claimant?s failure to read the instructions results the imposition of a ?forfeiture penalty? by the Unemployment Insurance Appeals BoardMatter of Sferlazza v Commissioner of Labor, 2010 NY Slip Op 00436, Decided on January 21, 2010, Appellate Division, Third DepartmentVictoria Sferlazza was appointed to serve as an adjunct professor at a Nassau County Community College for the fall 2007 and

Law in effect at the time litigation was initiated applies notwithstanding a subsequent amendment liberalizing such law

Posted on January 27, 2010
Law in effect at the time litigation was initiated applies notwithstanding a subsequent amendment liberalizing such lawBarnum v NYC Transit Authority, 62 AD3d 736In Williams v N.Y.C. Housing Authority, 2009 NY Slip Op 00440, (1st Dep't January 17, 2009), the court indicated that the federal standard for sexual harassment claims - in the absence of proof of tangible job detriment the complainant

Appointing authority?s final determination as whether or not to take disciplinary action against an employee controls

Posted on January 27, 2010
Appointing authority?s final determination as whether or not to take disciplinary action against an employee controlsRosenblum v New York City Conflicts of Interest Board, 2009 NY Slip Op 31073(U), Supreme Court, New York County, Docket Number: 101121/09, Judge Jane S...

Dismissal recommended as the penalty for employee?s abuse of sick leave

Posted on January 27, 2010
Dismissal recommended as the penalty for employee?s abuse of sick leaveNYC Department of Corrections v Auguste, OATH Index No. 2770/08OATH Administrative Law Judge Joan R. Salzman, found that a New York City Department of Corrections correction officer, Emile Auguste, had left his residence repeatedly without permission while on sick leave...

One-day suspension without pay recommended as the penalty for operating a truck without wearing a seatbelt

Posted on January 27, 2010
One-day suspension without pay recommended as the penalty for operating a truck without wearing a seatbeltNew York City Department of Sanitation v Wright, OATH Index No. 2490/09OATH Administrative Law Judge Tynia Richard found that the Department of Sanitation established that one of its drivers, Kenneth Wright, was operating his truck without wearing a seatbelt...

Streamlining the Education Law Section §3020-a disciplinary procedure proposed

Posted on January 27, 2010
Streamlining the Education Law Section §3020-a disciplinary procedure proposedSource: Council of School Superintendents?A Legal Analysis? addressing the federal ?Race to the Top? program was presented by Michele Handzel, Esq., General Counsel of The Council of School Superintendents at the Council's Winter Institute 2010...

Doctrine of estoppel against governmental entities may be invoked where its "misleading nonfeasance would otherwise result in a manifest injustice"

Posted on January 26, 2010
Doctrine of estoppel against governmental entities may be invoked where its "misleading nonfeasance would otherwise result in a manifest injustice"Agress v Clarkstown Cent. School Dist., 2010 NY Slip Op 00455, Decided on January 19, 2010, Appellate Division, Second DepartmentJo Ann Agress, served as a school psychologist with the Clarkstown Central School District...

The IRS Advisory Committee on Tax Exempt and Governmental Entities compliance verification checklist for public employers

Posted on January 26, 2010
The IRS Advisory Committee on Tax Exempt and Governmental Entities compliance verification checklist for public employersSource: FSLG Newsletter dated January 25, 2010The IRS Advisory Committee on Tax Exempt and Governmental Entities has initiated a project ?to help public employers know what is expected of them so they can self-correct problems before the IRS initiates a compliance check,

The difference between a mandatory list and a non-mandatory list

Posted on January 26, 2010
The difference between a mandatory list and a non-mandatory listWall v Town of Niskayuna, USDC, N.D.N.Y. 1-29-2009, 07-CV-350One of the central issues in the Wall case* concerning the 2005 promotion of a police officer from Sergeant to Lieutenant was the allegation that the promotion was made from a civil service list that was invalid because it contained the names of only two candidates while

Mediation suggested as a possible remedy to resolve the strained relationship between an employee and a supervisor

Posted on January 26, 2010
Mediation suggested as a possible remedy to resolve the strained relationship between an employee and a supervisorNew York City Health and Hospitals Corporation v Jean-Baptist, OATH Index No. 1648/09OATH Administrative Law Judge Kara Miller dismissed charges against a dietary aid, Claire Jean-Baptiste, accused by the New York City Health and Hospital Corporation of speaking inappropriately to her

Naming and serving a necessary party in an appeal to the Commissioner of Education is a critical requirement

Posted on January 26, 2010
Naming and serving a necessary party in an appeal to the Commissioner of Education is a critical requirementAppeal of Ronald S. Miller from action of the Board of Education of the City School District of the City of Lackawanna regarding the appointment of a custodian, Decisions of the Commissioner of Education, Decision No...

Discharge following a positive test for unlawful drugs is disqualifying misconduct for the purposes of receiving unemployment insurance benefits

Posted on January 26, 2010
Discharge following a positive test for unlawful drugs is disqualifying misconduct for the purposes of receiving unemployment insurance benefitsMatter of Shugg v Commissioner of Labor, 62 AD3d 1199Following his discharge by his employer tested positive for cocaine following an injury at work, the Unemployment Insurance Appeal Board ruled that Shugg had engaged in disqualifying misconduct for the

New York State Retirement System?s determination the jurisdictional classification of a member?s position controls the employee?s membership status

Posted on January 25, 2010
New York State Retirement System?s determination the jurisdictional classification of a member?s position controls the employee?s membership statusNiagara Frontier Transp. Auth. v DiNapoli, 2010 NY Slip Op 00447, Decided on January 21, 2010, Appellate Division, Third DepartmentMichael T...

Forfeiture of vacation credit ruled an disciplinary appropriate penalty

Posted on January 25, 2010
Forfeiture of vacation credit ruled an disciplinary appropriate penaltyMatter of Wright v Kelly, 2010 NY Slip Op 00399, decided on January 21, 2010, Appellate Division, First DepartmentNew York City Police Commissioner Raymond W. Kelly found New York City police officer Leonard Wright guilty of discourtesy to a police sergeant...

Failure to file a timely General Municipal Law §50-e(1)(a) notice of claim fatal to court assuming jurisdiction of the matter

Posted on January 25, 2010
Failure to file a timely General Municipal Law §50-e(1)(a) notice of claim fatal to court assuming jurisdiction of the matterDonas v City of New York, 2009 NY Slip Op 03838, Appellate Division, First DepartmentHarry Donas claimed that as a result of his reporting alleged corruption within in agency, the New York City Department of Environmental Protection, to his supervisor, he was told that he

Selection of one of available alternative remedies provided by the State?s Human Right Law bars recourse to the other

Posted on January 25, 2010
Selection of one of available alternative remedies provided by the State?s Human Right Law bars recourse to the otherTierney v Patchogue Fire Dept. Ambulance Co., Inc., 23 Misc 3d 1124(A)Penny A. Tierney was a member of the Patchogue Fire Department Ambulance...

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