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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

Certification of names from eligible lists

Posted on May 29, 2009
Certification of names from eligible lists Referring to NYPPL summary concerning the distinction between mandatory eligible lists and non-mandatory eligible lists,* a reader asks: If an eligible list contains fewer than three names, may the appointing authority use ?a previous eligible list? that contains the names of at least three eligible candidates and appoint one of the three to the vacancy? It may be possible to appoint an eligible whose name appears on an unexpired list, but only under certain, limited, circumstances...

News Related to Equal Employment

Posted on May 29, 2009
News Related to Equal Employment Opportunity Source: iNews © 2009 John D. Sargent - eeoinews@yahoo.com - All Rights Reserved___________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

Layoff, Preferred Lists and Reinstatement

Posted on May 29, 2009
Layoff, Preferred Lists and Reinstatement of public employees in New York StateThis 334-page electronic book provides a concise guide to the applicable laws, rules and regulations, together with summaries of selected court and administrative decisions concerning the layoff and reinstatement of employees of New York State and its political subdivisions and school districts...

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

Posted on May 28, 2009
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., 2009 NY Slip Op 50929(U), Decided on May 14, 2009, Supreme Court, Suffolk County, Judge Thomas F...

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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 May 28, 2009
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 would never be promoted...

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

Posted on May 28, 2009
Mediation suggested as a possible remedy to resolve the strained relationship between an employee and a supervisor New York City Health and Hospitals Corporation v Jean-Baptist, OATH Index No. 1648/09 OATH 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 supervisor and failing to follow her directive not to place food trays in front of the exhaust fans of a refrigerator...

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

Posted on May 27, 2009
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-350, decided May 22, 2009One 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 three were needed to constitute a valid list...

Correction officers may be sued by prisoners seeking money damages for alleged violations of 42 USC §1983 rights in state supreme court

Posted on May 27, 2009
Correction officers may be sued by prisoners seeking money damages for alleged violations of 42 USC §1983 rights in state supreme courtHaywood v Drown et al, Certiorari to the Court of Appeals of New York, USSC No. 07?10374.Decided May 26, 2009New York's Correction Law §24 provides that New York State's trial courts of general jurisdiction cannot entertain §1983 suits filed by prison inmates seeking money damages from correction officers...

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

Posted on May 27, 2009
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...

Status of a police chief

Posted on May 26, 2009
Status of a police chiefSource: An article first published in print by the Albany Times Union, May 24, 2009A story by Brendan J. Lyons, senior writer at the Albany Times Union, captioned ?Albany chief hasn't been sworn police officer since 1996, making carrying a weapon questionable,?* states that Albany's Chief of Police ?is not a certified police officer, which may call into question his ability to legally carry a department-issued weapon or make arrests...

COBRA Continuation Coverage Assistance under The American Recovery And Reinvestment Act

Posted on May 26, 2009
COBRA Continuation Coverage Assistance under The American Recovery And Reinvestment ActSource: U.S. Department of Labor, Employee Benefits Security AdministrationThe American Recovery and Reinvestment Act of 2009 (ARRA) provides for premium reductions and additional election opportunities for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly called COBRA...

Resolving disputes involving the payment of a New York State Employees? Retirement System member?s death benefit to a beneficiary

Posted on May 26, 2009
Resolving disputes involving the payment of a New York State Employees? Retirement System member?s death benefit to a beneficiaryRice v Dinapoli, 2009 NY Slip Op 50979(U), Decided on May 21, 2009, Supreme Court, Albany County, Judge Joseph C. Teresi [This decision will not be published in the printed Official Reports]Gary Rice [Gary] died, survived by three children and a wife...

The Discipline Book A Concise Guide

Posted on May 23, 2009
The Discipline Book A Concise Guide to Disciplinein theNew York State Public Service 559 pagesNow available as a softcover book or as a seachable electronic bookThe Discipline Book is a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees employed by New York State and its political subdivisions under the State's Civil Service Law, the Education Law and disciplinary grievance procedures negotiated pursuant to the Taylor Law...

Selected from iNews Related to Equal Employment Opportunity

Posted on May 23, 2009
EEO/iNewsSelected from iNews Related to Equal Employment Opportunity, © 2009 John D. Sargent, All Rights Reserved, Thursday, May 21, 2009 - EEO/iNews is a free publication of EEO Services by John D. ?Jack? Sargent. Mr. Sargent retired as a Supervisory Trial Attorney from the U...

Administrative Law Judge rules that the wages of 30% of the workers in a trade covered by the CBA constitutes the ?prevailing wage rate?

Posted on May 22, 2009
Administrative Law Judge rules that the wages of 30% of the workers in a trade covered by the CBA constitutes the ?prevailing wage rate? Office of the New York City Comptroller, ex rel. Local 1087 v Office of Labor Relations, OATH Index No. 2451/08 OATH Administrative Law Judge Faye Lewis upheld the New York City?s Comptroller's preliminary determination finding that radio repair mechanics (RRMs) employed by the City should be paid commensurate with the wages set forth in the collective bargaining agreement of broadcast engineers employed by ABC...

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

Posted on May 22, 2009
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, 2009 NY Slip Op 03990, decided on May 21, 2009, Appellate Division, Third DepartmentFollowing 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 purposes of unemployment insurance and dismissed his claim for benefits...

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

Posted on May 22, 2009
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...

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

Posted on May 21, 2009
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), April 29, 2009, 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 May 21, 2009
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...

Statute of limitations to compel an official to perform a ministerial act commences to run when the demand for compliance is refused

Posted on May 20, 2009
Statute of limitations to compel an official to perform a ministerial act commences to run when the demand for compliance is refusedMatter of Eidt v City of Long Beach, 2009 NY Slip Op 03902, Decided on May 12, 2009, Appellate Division, Second DepartmentDouglas Eidt and a number of disabled firefighters receiving General Municipal Law §207-a(2) pension supplementations filed a petition pursuant to CPLR Article 78 in the nature of mandamus to compel the City of Long Beach to pay the pension supplements to which they believed they were entitled...

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

Posted on May 20, 2009
Law in effect at the time litigation was initiated applies notwithstanding a subsequent amendment liberalizing such lawBarnum v New York City Tr. Auth., 2009 NY Slip Op 03855, decided on May 12, 2009, Appellate Division, Second DepartmentIn Williams v N...

Commissioner of Education grants school board member a certificate of good faith permitting the district to reimburse his legal fees and expenses

Posted on May 20, 2009
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...

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

Posted on May 19, 2009
Arbitrator to determine if CAB?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, 2009 NY Slip Op 03809, Decided on May 14, 2009, Appellate Division, Third DepartmentNYPPL recently summarize the decision in Matter of New York State Off...

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 May 18, 2009
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, 2009 NY Slip Op 50939(U), decided on April 30, 2009, Surrogate Court, Nassau County, Judge John B...

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

Posted on May 18, 2009
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, 2009 NY Slip Op 29199, Decided on May 11, 2009, Supreme Court, New York County, Justice Michael D...

The Discipline Book

Posted on May 16, 2009
The Discipline BookA Concise Guide to Discipline in the New York State Public Service - 559 pagesNow available as a softcover book or as an searchable E-bookThe Discipline Book is a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees employed by New York State and its political subdivisions under the State's Civil Service Law, the Education Law and disciplinary grievance procedures negotiated pursuant to the Taylor Law...

EEO/iNews - Foreign Spotlight

Posted on May 16, 2009
EEO/iNews - Foreign SpotlightiNews Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent, All Rights Reserved ______________________________________________________ EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

EEO/iNews of General Interest

Posted on May 16, 2009
EEO/iNews of General InterestiNews Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent, All Rights Reserved_____________________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

EEO/iNews from State CourtsiNews

Posted on May 16, 2009
EEO/iNews from State CourtsiNews Related to Equal Employment Opportunity Source: iNews © 2009 John D. Sargent, All Rights Reserved_________________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

EEO/iNews from the United States Courts of Appeal

Posted on May 16, 2009
EEO/iNews from the United States Courts of AppealiNews Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent, All Rights Reserved_____________________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

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