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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.

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Last Entry: November 05, 2020 at 10:02:02

Claiming damages for alleged unlawful discrimination

Posted on September 29, 2009
Claiming damages for alleged unlawful discriminationDiLauria v Town of Harrison, 32 AD3d 490 A police officer brought two lawsuits against the Town of Harrison in an effort to recover damages for alleged unlawful discrimination based upon disability. The first was an Article 78 action for ?economic benefits derivable from his status as a police officer? that DiLauria claimed he had lost...

Counseling memoranda may constitute disciplinary action

Posted on September 29, 2009
Counseling memoranda may constitute disciplinary action Matter of Harper v New York State Off. of Mental Health, 12 Misc 3d 1197(A) Brinsley Harper received a written ?counseling memorandum? following an investigation of a complaint alleging sexual harassment filed against him by one of his subordinates...

Lesbian, gay, bisexual & transgender (LGBT) employees seek protection from workplace discrimination

Posted on September 27, 2009
Lesbian, gay, bisexual & transgender (LGBT) employees seek protection from workplace discriminationSource: Posted on the Internet in CCH Workday at http://cch-workday.blogspot.com/ . Reproduced with permission. Copyright© CCH 2009, All rights reserved...

Probationary termination of a classified service employee by a school district

Posted on September 26, 2009
Probationary termination of a classified service employee by a school districtAppeal of Jeffrey Brewer, Decisions of the Commissioner of Education; Decision No. 15,473 Jeffrey Brewer was employed as an ?Aide to Students with Disabilities? by the Bethlehem Central School District...

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Reassignment to a different work shift

Posted on September 26, 2009
Reassignment to a different work shiftMatter of Kattaya (Commissioner of Labor), 32 AD3d 1124Hany Kattaya was a security officer at a museum. He worked both the day shift and the night shift, preferring the night shift because he received a pay differential and free parking while working the night shift...

Termination recommended after employee is found to be a direct threat to others

Posted on September 25, 2009
Termination recommended after employee is found to be a direct threat to othersNew York City Fire Department v Krasner, OATH Index #2967/09Glenn Krasner, a fire protection specialist, was highly regarded for his job-related knowledge and skills.Krasner, however, was found to pose a direct threat to the health and safety of others following a disciplinary hearing and Administrative Law Judge

EEOC files proposed amendments to its ADA regulations and guidelines

Posted on September 25, 2009
EEOC files proposed amendments to its ADA regulations and guidelinesSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved.Proposing sweeping changes to its regulations and interpretative guidance under the Americans with Disabilities Act (ADA), the Equal Employment

Appointing authority?s duty to review disciplinary hearing record made by the designated hearing officer

Posted on September 25, 2009
Appointing authority?s duty to review disciplinary hearing record made by the designated hearing officerMatter of McKinney v Bennett, 31 AD3d 860The Appellate Division, Third Department, affirmed the termination of a State Trooper after the Trooper was being found guilty of making unwanted gender advances toward two female coworkers, rejecting his contention that the appointing authority ?blindly

Contracting out for substitute teachers

Posted on September 25, 2009
Contracting out for substitute teachers Appeal of Kim E. Woodarek, Comm. Of Education Decision No. 15,422The Commissioner of Education ruled that a school district does not have the authority to enter into a contract with a private party to recruit, interview, select, hire and assign employees to render per diem substitute teaching...

Injuries to Trainees

Posted on September 25, 2009
Injuries to TraineesSource: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEBecause a police trainee had signed a liability release to participate in physically demanding training programs, he was not entitled to damages after he was injured while carrying 70-pound cooler containing the lunches of other police recruits...

Suspension without pay may extended if delay in proceeding is caused by the accused

Posted on September 25, 2009
Suspension without pay may extended if delay in proceeding is caused by the accusedMatter of Skrypek v Bennett, 31 AD3d 827State Trooper Randall R. Skrypek challenging his suspension without pay pending disciplinary action following an off-duty incident in which he misrepresented to 911 operators and police investigators that he had been assaulted and robbed...

School board member removed after being found guilty of charges of official misconduct

Posted on September 24, 2009
School board member removed after being found guilty of charges of official misconductAppeal of Deann Nelson from action of the Board of Education of the City School District of the City of Jamestown regarding her removal as a board member, Commissioner of Education Decision No...

Tape-recorded testimony of a deceased witness may be admitted as evidence in an administrative hearing

Posted on September 24, 2009
Tape-recorded testimony of a deceased witness may be admitted as evidence in an administrative hearingNYC Department of Buildings v Stallone Testing Laboratories, Inc., OATH Index #362/10OATH Administrative Law Judge Alessandra F. Zorgniotti allowed the tape-recorded sworn testimony of a deceased witness to be admitted into evidence at an administrative hearing over the objections of Stallone

Employee?s ?hiding? his new address bars his claiming that he was not served with the hearing officer?s decision

Posted on September 24, 2009
Employee?s ?hiding? his new address bars his claiming that he was not served with the hearing officer?s decisionBoard of Educ. of the City School Dist. of the City of New York v Grullon, 2009 NY Slip Op 06594, Decided on September 22, 2009, Appellate Division, First DepartmentAlexis Grullon asked the court to vacate or modify the disciplinary hearing officer's decision suspending him from

Out of title work

Posted on September 24, 2009
Out of title workLake City Police Club v City of Oswego, 31 AD3d 1159Noting the well-established principle that out-of-title work creates no automatic right to reclassification, the Appellate Division, citing Matter of McGuinness v New York State Off...

Facial coverings ? removal at security checkpoints

Posted on September 24, 2009
Facial coverings ? removal at security checkpointsSource: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEThe Maryland Attorney General has written a formal opinion that a deputy sheriff may require individuals entering the courthouse to remove masks, veils, or other face coverings at the security checkpoint, without regard to whether the

News Related to Equal Employment Opportunity

Posted on September 24, 2009
News Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent - eeoinews@yahoo.com - All Rights ReservedU.S. Supreme CourtPublic Citizen?s most recent Sup Ct Watch list hereSCOTUSblog?s most recent Petitions to Watch here and hereRoss Runkel?s US Sup Ct Employment Law Cases ? Pending & decided hereOctober Term 2009 - Selected Cases Pending CertiorariAdam v...

Unemployment insurance benefits to continue after GML 207-c benefits terminate

Posted on September 24, 2009
Unemployment insurance benefits to continue after GML 207-c benefits terminate Burrows v Commissioner of Labor, 31 AD3d 1094The fact that a City of Newburgh police officer injured on the job is determined to be ineligible to receive benefits pursuant to Section 207-c of the General Municipal Law because he or she is living at a location that is a greater distance outside of the City than is

Termination during the probationary period

Posted on September 24, 2009
Termination during the probationary period Matter of Sztabnik v City of New York, 31 AD3d 456 The Appellate Division, Second Department affirmed the termination of Donald Sztabnik as Chief Administrative Superintendent. Sztabnik had been reinstated to his prior title of Administrative Superintendent prior to the end of his probationary period...

County enjoined from surveying employees concerning their continuing to be represented by their current employee organization

Posted on September 23, 2009
County enjoined from surveying employees concerning their continuing to be represented by their current employee organizationMatter of New York State Pub. Empl. Relations Bd. v County of Monroe, 2009 NY Slip Op 51908(U), Decided on August 28, 2009, Supreme Court, Albany County, Judge Henry F...

Terminating an individual while he or she is serving a disciplinary probationary period

Posted on September 23, 2009
Terminating an individual while he or she is serving a disciplinary probationary periodCialdella v NYC Community School Dist. 21, App. Div. 252 A.D.2d 582Sometimes disciplinary charges are resolved when the parties agree to a settlement providing for a ?disciplinary probationary period...

Employee?s status critical element in determining General Municipal Law Section 207-a and 207-c benefits

Posted on September 23, 2009
Employee?s status critical element in determining General Municipal Law Section 207-a and 207-c benefitsBarnes v PERB, NYS Supreme Court, [Not officially reported]Upon separation or retirement, the value of accrued vacation and other leave credits to be paid to an individual depends on his employment status...

Indemnifying personnel

Posted on September 23, 2009
Indemnifying personnelColello v Town of Orangetown, Appellate Division, 251 A.D.2d 404Section 18 of the Public Officers Law allows a municipality to ?defend or indemnify and save harmless? its officers and employees held liable for any federal or state judgment against them in connection with an act or omission that occurred while the individual was acting within the scope of his or her public

Electing to appeal a Section 75 disciplinary action to Civil Service Commission bars court review of disciplinary action

Posted on September 23, 2009
Electing to appeal a Section 75 disciplinary action to Civil Service Commission bars court review of disciplinary actionTurner v NYC Transit Authority, Appellate Division, 252 A.D.2d 558Section 76 of the Civil Service Law offers an individual found guilty of disciplinary charges pursuant to Section 75 alternative appeal options...

Substitute teacher ineligible for unemployment insurance based on assurance of reemployment

Posted on September 23, 2009
Substitute teacher ineligible for unemployment insurance based on assurance of reemploymentHammond v Commissioner of Labor, App. Div., 252 A.D.2d 638The Unemployment Insurance Appeals Board ruled that Sherry Hammond, an ?occasional per diem substitute teacher,? was ineligible to receive unemployment insurance benefits because she had a reasonable assurance of continued employment...

Disciplinary arbitration

Posted on September 23, 2009
Disciplinary arbitrationSuffolk County v Gillin, NYS Supreme Court, [Not officially reported], affd. 264 A.D.2d 842The collective bargaining agreement between the Suffolk County and the Suffolk County Detectives Association provided that in the event the Suffolk County Police Department [SCPD] proposes to terminate a detective brought up on disciplinary charges, the detective may elect a

Arbitrator?s award will be confirmed even if based on an error of law or fact

Posted on September 23, 2009
Arbitrator?s award will be confirmed even if based on an error of law or factHempstead UFSD v Hempstead Classroom TA, App. Div., 251 A.D.2d 502An arbitrator concluded that the Hempstead Union Free School District violated the collective bargaining agreement when it terminated a probationary teacher, William Gray...

Defending and indemnifying public officers and employees named as defendants in a lawsuit

Posted on September 23, 2009
Defending and indemnifying public officers and employees named as defendants in a lawsuitDerespiris v NYC Transit Auth., App. Div., 251 A.D.2d 503Louis Derespiris wanted the New York City Transit Authority to pay for his legal fees in connection with litigation brought against him in State Supreme Court [Cellini v Derespiris*]in accordance with the provisions of Section 18 of the Public Officers

Court declines to apply the doctrine of primary jurisdiction in a challenge to the layoff of a teacher

Posted on September 22, 2009
Court declines to apply the doctrine of primary jurisdiction in a challenge to the layoff of a teacherMatter of Moraitis v Board of Educ. Deer Park Union Free School Dist., 2009 NY Slip Op 51954(U), Decided on August 31, 2009, Supreme Court, Suffolk County, Judge William B...

Good cause must be shown to annul decisions made at a public meeting held in technical violation of Open Meetings Law notice requirements

Posted on September 22, 2009
Good cause must be shown to annul decisions made at a public meeting held in technical violation of Open Meetings Law notice requirementsMatter of Wilson v Board of Educ. Harborfields Cent. School Dist., 2009 NY Slip Op 06561, Decided on September 15, 2009, Appellate Division, Second DepartmentAt its June 24, 2007 meeting the Board of Education of the Harborfields Central School District voted not to extend Janet C...

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