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

Establishment of an Employee Suggestion Program creates a contractual relationship

Posted on December 17, 2009
Establishment of an Employee Suggestion Program creates a contractual relationshipDaley v County of Erie, 59 AD3d 1087Patrick L. Daley, an Eric County employee, sued the County alleging that it had violated its Employee Suggestion Program and thus was liable for damages for ?breach of contract...

Accused employee does not have a right to discovery in Section 75 disciplinary proceedings

Posted on December 17, 2009
Accused employee does not have a right to discovery in Section 75 disciplinary proceedingsMatter of Utica City School Dist. v Fehlhaber, 59 AD3d 957The Utica City School District initiated a Section 75 disciplinary proceeding against Craig S. Fehlhaber?s employment as its Superintendent of Buildings and Grounds...

The arbitrator should determine if the issue raised in a demand for arbitration is subject to arbitration under the terms of the bargaining agreement

Posted on December 17, 2009
The arbitrator should determine if the issue raised in a demand for arbitration is subject to arbitration under the terms of the bargaining agreementMatter of Town of Cheektowaga v Cheektowaga Police Club, Inc., 59 AD3d 993The Cheektowaga Police Club, representing police officers below the rank of lieutenant, filed a demand for arbitration to challenge Cheektowaga?s decision to promote one

Burden of proof in administrative matters

Posted on December 17, 2009
Burden of proof in administrative mattersSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved. http://lawprofessors.typepad.com/adminlaw/Usually the burden of proof in administrative matters rests on the person challenging the government action...

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

Dismissed employee precluded from litigating her termination because of her failure to exhaust her administrative remedies

Posted on December 17, 2009
Dismissed employee precluded from litigating her termination because of her failure to exhaust her administrative remediesMatter of Yan Ping Xu v New York City Dept. of Health, 22 Misc 3d 1116(A)[See, also, Yan Ping Xu v City of New York, 2009 NY Slip Op 32343(U) (not selected for publication in the Official Reports)]Yan Ping Xu, a New York City Research Scientist Level I, a position in the

Processing terminations from Civil Service Law §71 Workers? Compensation Leave

Posted on December 16, 2009
Processing terminations from Civil Service Law §71 Workers? Compensation Leave Adapted from New York State Department of Civil Service's Advisory Memorandum #09-04Section 5.9 of 4 NYCRR (Rules for the Classified Service), which applies to employees of the State as an employer, requires that appointing authorities provide at least 30 days notice of a proposed termination to employees facing

Employee?s lawsuit against the employer dismissed because the employee did not show a ?special relationship?

Posted on December 16, 2009
Employee?s lawsuit against the employer dismissed because the employee did not show a ?special relationship? Rollins v New York City Bd. of Educ., 2009 NY Slip Op 09292, decided on December 15, 2009, Appellate Division, First DepartmentMaria Rollins, a school safety officer, sued the New York City Board of Education alleging that it was negligent when it failed to protect her from the injury she

Comptroller to resolve conflicting medical testimony in cases involving claims for disability retirement benefits

Posted on December 16, 2009
Comptroller to resolve conflicting medical testimony in cases involving claims for disability retirement benefitsMatter of Ragno v DiNapoli, 2009 NY Slip Op 09141, Decided on December 10, 2009, Appellate Division, Third DepartmentDomenico G. Ragno, a police officer, sustained an injury to his left wrist while teaching a defensive tactics training class...

Reliance on the ?presumption of compensability? set out in Workers' Compensation Law §21(1) may not be sufficient to support a claim in certain cases

Posted on December 16, 2009
Reliance on the ?presumption of compensability? set out in Workers' Compensation Law §21(1) may not be sufficient to support a claim in certain casesMatter of Bond v Suffolk Transp. Serv., 2009 NY Slip Op 09140, decided on December 10, 2009, Appellate Division, Third DepartmentCatherine Ann Bond, a school bus driver, was injured when she slipped and fell exiting a bus outside of her home...

The absence of language in the collective bargaining agreement providing for the claimed benefit bars the arbitration of the alleged grievance

Posted on December 16, 2009
The absence of language in the collective bargaining agreement providing for the claimed benefit bars the arbitration of the alleged grievanceMatter of Union-Endicott Cent. School Dist. v Endicott Teachers' Assn., 59 AD3d 799Joanne Peters, a teacher employed by the Union-Endicott Central School District was a member of the collective bargaining unit represented by the Endicott Teachers

Dismissal for misconduct may always disqualify an individual for unemployment insurance benefits

Posted on December 15, 2009
Dismissal for misconduct may always disqualify an individual for unemployment insurance benefitsMatter of Dunham v Commissioner of Labor, 2009 NY Slip Op 09134, decided on December 10, 2009, Appellate Division, Third DepartmentThe Unemployment Insurance Appeals Board disqualified Diane M...

Elements essential to a grand jury making a finding concerning a public official?s performance of his or her duties

Posted on December 15, 2009
Elements essential to a grand jury making a finding concerning a public official?s performance of his or her dutiesMatter of Second Report of Seneca County Special Grand Jury of Jan. 2007, 59 AD3d 1079It is a rather rare occurrence for a grand jury to be asked to consider alleged misconduct by of public officer...

Where provided for by statute, the statute controls the power to remove an individual from the position

Posted on December 15, 2009
Where provided for by statute, the statute controls the power to remove an individual from the positionMatter of Wood v County of Cortland, 23 Misc 3d 913The general rule is that the power to appoint implies the power to remove. The Wood case demonstrates an exception to this rule: The power to appoint does not support a claim of the power to remove an incumbent when removal from the position in

PERB Administrative Law Judges consider the negotiability of demands to establish procedures concerning GML Section 207-c benefits

Posted on December 15, 2009
PERB Administrative Law Judges consider the negotiability of demands to establish procedures concerning GML Section 207-c benefitsCity Of Middletown and City of Middletown Police Benevolent Association, Improper Practice Petition U-27423 [by ALJ Fitzgerald]Port Washington Police District and Port Washington Police Benevolent Association, Inc...

After recommending termination,

Posted on December 15, 2009
After recommending termination, hearing officer suggests that under the circumstances, the appointing authority could impose a lesser penaltyDepartment of Sanitation v Vincent Brooks and Michael Newsome, OATH Index Nos. 559/09 & 560/09OATH Administrative Law Judge Faye Lewis found two sanitation workers violated the department's trade waste order when they collected construction debris from a

Only service of the petition and related papers an individual authorized by the agency head to accept service constitutes proper service

Posted on December 15, 2009
Only service of the petition and related papers an individual authorized by the agency head to accept service constitutes proper serviceMatter of Lowney v New York State Division of Human Rights, 2009 NY Slip Op 30270(U), February 4, 2009, Supreme Court, New York County, Docket Number: 108754/07, Judge: Walter B...

Employee?s termination after the loss or expiration of license required to perform the duties of the position does not constitute disciplinary action

Posted on December 14, 2009
Employee?s termination after the loss or expiration of license required to perform the duties of the position does not constitute disciplinary actionMatter of Stolzman v New York State Dept. of Transp., 2009 NY Slip Op 09136, decided on December 10, 2009, Appellate Division, Third DepartmentMichael A...

Assurance that educator would earn at least 90% of current salary in the next academic year deemed a ?reasonable assurance? of continued employment

Posted on December 14, 2009
Assurance that educator would earn at least 90% of current salary in the next academic year deemed a ?reasonable assurance? of continued employmentMatter of Schwartz v Commissioner of Labor, 2009 NY Slip Op 09131, decided on December 10, 2009, Appellate Division, Third Department In response to substitute teacher Wendy B...

Pre-deprivation hearing not required where plaintiff convicted of a felony

Posted on December 12, 2009
Pre-deprivation hearing not required where plaintiff convicted of a felonyReproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.Rosa v. CUNY, ___F...

Legal scholarship: First Statute of Westminster [1275] is cited in attorney?s brief

Posted on December 12, 2009
Legal scholarship: First Statute of Westminster [1275] is cited in attorney?s briefAmalfitano v Rosenberg, 2009 NY Slip Op 01069, Decided on February 12, 2009, Court of AppealsPrecedents and legislative history are frequently referred to in briefs and court decisions...

Slip and fall due to the employee?s wet shoes held an accident for the purposes of qualifying for accidental disability retirement benefits

Posted on December 12, 2009
Slip and fall due to the employee?s wet shoes held an accident for the purposes of qualifying for accidental disability retirement benefitsMatter of Leary v New York City Employees' Retirement Sys., 2009 NY Slip Op 01122, Decided on February 10, 2009, Appellate Division, Second DepartmentMore often than not an application for accidental disability retirement benefits is rejected on the grounds

Individual must be employed by a public employer to claim member service credit in a New York State public retirement system

Posted on December 11, 2009
Individual must be employed by a public employer to claim member service credit in a New York State public retirement system Matter of Jensen-Dooling v New York State Teachers' Retirement System, 2009 NY Slip Op 09101, decided on December 10, 2009, Appellate Division, Third DepartmentMatter of Blais v New York State Teachers' Retirement Sys...

Another aspect of the emerging "Law of the E-mail"

Posted on December 11, 2009
Another aspect of the emerging "Law of the E-mail"Williamson v Delsener, 59 AD3d 291In this case the Appellate Division considered the impact of an exchange of e-mails between attorneys representing the parties with respect to the settlement of the then pending litigation...

Only service of the petition and related papers an individual authorized by the agency head to accept service constitutes proper service

Posted on December 11, 2009
Only service of the petition and related papers an individual authorized by the agency head to accept service constitutes proper serviceMatter of Lowney v New York State Division of Human Rights, 2009 NY Slip Op 30270(U), February 4, 2009, Supreme Court, New York County, Docket Number: 108754/07, Judge: Walter B...

A policy decision by the employer is not subject to "pre-negotiations;" the impact of that decision on unit members is negotiable

Posted on December 11, 2009
A policy decision by the employer is not subject to "pre-negotiations;" the impact of that decision on unit members is negotiableMatter of County of Erie & Erie County Sheriff v State of New York Pub. Empl. Relations Bd. &c., 12 NY3d 72Civil Service Employees Association, Inc...

Employee?s personnel records considered by the administrative law judge in determining the disciplinary penalty to be recommended

Posted on December 11, 2009
Employee?s personnel records considered by the administrative law judge in determining the disciplinary penalty to be recommendedHealth and Hospital Corp. v Milton Meyers, OATH Index No. 1487/09Administrative Law Judge Alessandra F. Zorgniotti found that a hospital aide guilty of intentionally ?chest bumping? a co-worker with such force as to cause the co-worker to stumble...

The appointing authority must act in good faith in abolishing a position that results in the layoff of an employee

Posted on December 10, 2009
The appointing authority must act in good faith in abolishing a position that results in the layoff of an employeeMiller v County of Nassau and the Nassau Civil Service Commission, 2009 NY Slip Op 32860(U), decided November 25, 2009, Supreme Court, Nassau County, Docket Number: 28936/92, Justice Ute W...

Sexually explicit E-mails admissible in sexual harassment case

Posted on December 10, 2009
Sexually explicit E-mails admissible in sexual harassment caseSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Employee required to answer employer?s work-related inquiries

Posted on December 10, 2009
Employee required to answer employer?s work-related inquiriesSpielbauer v County of Santa Clara [Calif.], Supreme Court of California, decided February 9, 2009. Docket No. S-150402A deputy public defender, Thomas Spielbauer, being investigated by his employer, Santa Clara County, for alleged deceptive court conduct...

Changing the job description of a position to include new or additional duties must satisfy a ?rational basis? test to survive judicial scrutiny

Posted on December 10, 2009
Changing the job description of a position to include new or additional duties must satisfy a ?rational basis? test to survive judicial scrutinyMatter of Criscolo v Vagianelis, 12 NY3d 92The NYS Department of Correctional Services provides for three levels of administrative hearings to consider ?inmate misbehavior reports...

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 “buyerï¿½...

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 ...