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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

Article 75 petition seeking to vacate a disciplinary arbitration award terminating a tenured teacher dismissed as untimely

Posted on February 10, 2009
Article 75 petition seeking to vacate a disciplinary arbitration award terminating a tenured teacher dismissed as untimelyMatter of Awaraka v Board of Educ. of City of New York, 2009 NY Slip Op 00682, Decided on February 3, 2009, Appellate Division, Second DepartmentJosephine Awaraka, a tenured teacher employed by the New York City Board of Education, was found guilty of eight specifications of misconduct in a hearing conducted pursuant to Education Law § 3020-a...

The Discipline Book

Posted on February 10, 2009
The Discipline Book ? A handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees. Mitchell H. Rubinstein, Esq., Adjunct Professor, St. John's University, said: ... it is the only comprehensive work in this subject area...

Double Damages for Human Resource Director's Failure to Research FMLA Requirements Before Terminating Employee

Posted on February 10, 2009
Double Damages for Human Resource Director's Failure to Research FMLA Requirements Before Terminating EmployeeCopyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation...

Union release time counts towards FMLA minimum hour requirements

Posted on February 10, 2009
Union release time counts towards FMLA minimum hour requirementsSource: 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...

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Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 action

Posted on February 09, 2009
Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 actionPak v New York City Dept. of Educ., 2009 NY Slip Op 50154(U), Decided on February 2, 2009, Supreme Court, Kings County, Justice Martin Schneier [not officially reported]Kifan Pak, a probationary teacher, was told that he would be terminated from his postion effective February 28, 2007...

Appointing authority directed to set a new disciplinary penalty after court vacates a finding of guilt on one of two specifications

Posted on February 09, 2009
Appointing authority directed to set a new disciplinary penalty after court vacates a finding of guilt on one of two specifications Matter of Borrelli v Kelly, 2009 NY Slip Op 00585, Decided on February 3, 2009, Appellate Division, First DepartmentNew York City Police Commissioner filed disciplinary charges against New York City police officer Robert Borrelli...

Consideration of hearsay evidence in a Section 75 disciplinary hearing permitted

Posted on February 09, 2009
Consideration of hearsay evidence in a Section 75 disciplinary hearing permittedMatter of Ebling v Town of Eden, 2009 NY Slip Op 00811, Decided on February 6, 2009, Appellate Division, Fourth DepartmentThe Appellate Division confirmed the dismissal of Stephen Ebling from his position following a hearing pursuant to Civil Service Law § 75...

Garden Leave employment contracts

Posted on February 09, 2009
Garden Leave employment contractsSource: 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...

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

Posted on February 06, 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, 2009 NY Slip Op 50147(U), Decided on January 23, 2009, Supreme Court, New York County [Not officially published]Yan Ping Xu, a New York City Research Scientist Level I, a position in the non-competitive class, was terminated from her position...

Employee protected by Title VII if he or she suffers retaliation by the employer after reporting workplace race or gender discrimination

Posted on February 06, 2009
Employee protected by Title VII if he or she suffers retaliation by the employer after reporting workplace race or gender discriminationCrawford v Metropolitan Government Of Nashville And Davidson County, Tennessee, US Supreme Court, No. 06?1595, decided January 26, 2009The genesis of this ruling was an internal investigation into rumors of sexual harassment of employees by the Metro School District Employee Relations Director...

Employer's responsibility for the payment of health insurance premiums upon retirement

Posted on February 06, 2009
Employer's responsibility for the payment of health insurance premiums upon retirementGary T. Winnett, Et Al. V Caterpillar, Inc., USCA, Sixth Circuit, #07-6275, Decided January 27, 2009The plaintiffs in this action are retired Caterpillar employees. When Caterpillar commenced charging these retirees for a portion of their health insurance premiums, they sued contending that Caterpillar breached its promise to provide lifetime retiree medical benefits at no cost to the retiree as set out in a 1998 collective bargaining agreement...

Notice of claim must be timely to trigger a duty to defend and indemnify the party being sued

Posted on February 05, 2009
Notice of claim must be timely to trigger a duty to defend and indemnify the party being suedGutierrez v State of New York, 2009 NY Slip Op 00506, Decided on January 27, 2009, Appellate Division, Second DepartmentTypically lawsuits in which the issue is whether or not timely notice of a claim has been made involve individuals attempting to sue the State or a political subdivision of the State...

Annulling four of forty-one specifications of alleged misconduct, court sustains finding the employee guilty of the surviving charges and the penalty

Posted on February 05, 2009
Annulling four of forty-one specifications of alleged misconduct, court sustains finding the employee guilty of the surviving charges and the penaltyMatter of Levi v Lauro, 2009 NY Slip Op 00542, Decided on January 27, 2009, Appellate Division, Second DepartmentThomas Lauro, Commissioner of the Westchester County Department of Environmental Facilities, adopted the report and recommendation of a hearing officer finding Miriam Baht Levi guilty of 41 specifications of incompetence and/or misconduct, and suspended her from employment without pay for a period of 60 days...

No private right of action against ?state actors? pursuant to 42 USC 1981, the Civil Rights Law

Posted on February 05, 2009
No private right of action against ?state actors? pursuant to 42 USC 1981, the Civil Rights LawMcGovern v Philadelphia, USCA Third Circuit, No. 08-1632, Decided January 28, 2009The McGovern decision holds that employees of a municipality may not sue the City of Philadelphia pursuant to 42 USC 1981 for alleged race discrimination...

County Personnel Department refuses to certify the payroll following the appointment of an individual not among the three highest on the eligible list

Posted on February 04, 2009
County Personnel Department refuses to certify the payroll following the appointment of an individual not among the three highest on the eligible listMatter of Gramando v Putnam County Personnel Dept., 2009 NY Slip Op 00537, Decided on January 27, 2009, Appellate Division, Second DepartmentThe Carmel Central School District appointed Joseph Gramando to the position of Director of School Facilities, Operations, and Transportation...

BOCES not entitled to claim Eleventh Amendment immunity if sued in federal courts

Posted on February 04, 2009
BOCES not entitled to claim Eleventh Amendment immunity if sued in federal courtsCarrie Gorton v Bruce Gettel and Sullivan County BOCES, USCA, 2nd Circuit, Docket # 17-3190-cv, decided January 28, 2009Carrie Gorton filed a complaint in Federal District Court alleging that during her two years of employment as a counselor and recruiter at Sullivan County BOCES, she was harassed repeatedly by Bruce Gettel, a fellow teacher...

Analysis of the ?Lilly Ledbetter Fair Pay Restoration Act of 2009?

Posted on February 04, 2009
Analysis of the ?Lilly Ledbetter Fair Pay Restoration Act of 2009?Source: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com . All rights reserved.The ?Lilly Ledbetter Fair Pay Restoration Act of 2009? was been signed into law by President Barack Obama, overturning the U...

Cases and items related to equal employment opportunity

Posted on February 03, 2009
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2009 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

USCA, District of Columbia Circuit issues primer on labor arbitration

Posted on February 03, 2009
USCA, District of Columbia Circuit issues primer on labor arbitrationSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Agency?s initial decision sustaining an employee?s out-of-title work grievance overturned by the Governor?s Office Of Employee Relations

Posted on February 02, 2009
Agency?s initial decision sustaining an employee?s out-of-title work grievance overturned by the Governor?s Office Of Employee RelationsMatter of Cushing v Governor's Off. of Empl. Relations, 2009 NY Slip Op 00478, Decided on January 29, 2009, Appellate Division, Third DepartmentThe Governor's Office of Employee Relations denied Judy M...

Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal moot

Posted on February 02, 2009
Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal mootIn re Civil Service Technical Guild, Local 375, AFSCME, v The City of New York, et al, 2009 NY Slip Op 00454, decided on January 29, 2009, Appellate Division, First DepartmentNew York State Supreme Court Justice Carol R...

A Lawyer's Worst Nightmare ? a Law Review article by Mitchell H. Rubinstein, Esq.

Posted on February 02, 2009
A Lawyer's Worst Nightmare ? a Law Review article by Mitchell H. Rubinstein, Esq.Source: Northwestern University?s Law Review [103 Northwestern Law Review Colloquy 317 [2009]NYPPL?s summary of the Appellate Division?s decision in Vinluan v Doyle was posted January 29, 2009...

NYC?s Administrative Code requires court to apply ?more stringent requirements? in adjudicating civil rights law allegations

Posted on January 30, 2009
NYC?s Administrative Code requires court to apply ?more stringent requirements? in adjudicating civil rights law allegationsWilliams v New York City Hous. Auth., 2009 NY Slip Op 00440, Decided on January 27, 2009, Appellate Division, First DepartmentState Supreme Court dismissed Gina Williams? complaint alleging a hostile work environment, disparate treatment on the basis of sex, and retaliation in violation of applicable provisions of the Executive Law and the New York City Administrative Code its entirety...

Collective bargaining agreements must set out in clear and unmistakable language any waiving of an employee's right to a judicial forum

Posted on January 30, 2009
Collective bargaining agreements must set out in clear and unmistakable language any waiving of an employee's right to a judicial forumAmbrosino v Village of Bronxville, 2009 NY Slip Op 00318, decided on January 20, 2009, Appellate Division, Second DepartmentJoseph Ambrosino sued the Village of Bronxville for damages based on alleged unlawful discrimination in employment on the basis of disability and for ?breach of contract...

Administrative Law Judge distinguishes between crimes prohibited by statute and actions inherently immoral and thus a crime of moral turpitude

Posted on January 30, 2009
Administrative Law Judge distinguishes between crimes prohibited by statute and actions inherently immoral and thus a crime of moral turpitudeDep't of Sanitation v. Iocovello, OATH Index No. 195/09 (Dec. 10, 2008)Source: OATH determinationsJoseph Iocovello, a sanitation supervisor, pled guilty to conspiracy to defraud the U...

Due process requires good faith effort to serve disciplinary charges on employee

Posted on January 29, 2009
Due process requires good faith effort to serve disciplinary charges on employeeMatter of Norgrove v Board of Educ. of City School Dist. of City of N.Y., 2009 NY Slip Op 29034, decided on January 13, 2009, Supreme Court, New York County, Justice Joan A...

Employee injured in the employer?s gym while practicing for a sports event not sponsored by the employer denied workers? compensation benefits

Posted on January 29, 2009
Employee injured in the employer?s gym while practicing for a sports event not sponsored by the employer denied workers? compensation benefitsMatter of Booth v New York State Dept. of Corrections, 2009 NY Slip Op 00272, Decided on January 22, 2009, Appellate Division, Third DepartmentTroy Booth, a correction officer at Arthur Kill Correctional, was injured while practicing basketball off-duty in the Arthur Kill?s gym while practicing for the "Department of Correction Olympics," an annual event involving correction officers and staff from the various correctional facilities around the state...

Except under "exceptional circumstances," an employer cannot refuse to permit an individual to resign from his or her position

Posted on January 29, 2009
Except under "exceptional circumstances," an employer cannot refuse to permit an individual to resign from his or her positionMatter of Vinluan v Doyle, 2009 NY Slip Op 00219, Decided on January 13,2009, Appellate Division, Second Department Felix Vinluan, an attorney, represented a number of nurses at a Long Island nursing home, Avalon Gardens...

Recognizing same-sex marriage for the purpose of qualifying for spousal benefits in the New York State's employees? health insurance plan [NYSHIP]

Posted on January 28, 2009
Recognizing same-sex marriage for the purpose of qualifying for spousal benefits in the New York State's employees? health insurance plan [NYSHIP]Lewis v New York State Dept. of Civ. Serv., 2009 NY Slip Op 00283, Decided on January 22, 2009, Appellate Division, Third DepartmentKenneth J...

Correction Officer?s excessive absence may result in termination even if the result of verified or work-related injury

Posted on January 28, 2009
Correction Officer?s excessive absence may result in termination even if the result of verified or work-related injuryDep't of Correction v. Givens, OATH Index No. 393/09 (Dec. 29, 2008)Source: OATH determinationsALJ Casey recommended termination for correction officer Vera Givens who was absent from work for more than 135 days in a 14-month period in 2007 and 2008...

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