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

A 45-day suspension recommended for employee found guilty of threatening his superior

Posted on December 09, 2008
A 45-day suspension recommended for employee found guilty of threatening his superiorHealth & Hospitals Corp. (Cook Chill Plant at Kings County Hospital Center) v. Rivera, OATH Index No. 2063/08 (Oct. 23, 2008)Jesus Rivera, a Health and Hospitals Corporation cook, was found guilty of threatening his supervisor with physical harm after being instructed to better clean his work area...

Union presence during an interrogation of a unit member by the appointing authority

Posted on December 08, 2008
Union presence during an interrogation of a unit member by the appointing authoritySeabrook v City of New York, 2008 NY Slip Op 09471, Decided on December 4, 2008, Appellate Division, First DepartmentNorman Seabrook, individually and as President of the Correction Officers' Benevolent Association, challenged the policy of not allowing an employee to consult with a union representative after a question is posed and before an answer must be given, at an interrogation conducted pursuant to [New York City] Mayoral Executive Order No...

Teacher Improvement Plan not a disciplinary action and therefore no due process rights attach

Posted on December 08, 2008
Teacher Improvement Plan not a disciplinary action and therefore no due process rights attachSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

Equal Employment Opportunity

Posted on December 08, 2008
Equal Employment OpportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2008 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

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

The State and some 800 local governments and school districts to pay $248 million less than expected for employee health insurance in 2009

Posted on December 06, 2008
The State and some 800 local governments and school districts to pay $248 million less than expected for employee health insurance in 2009Source: Press Release, Office of the GovernorThe State, together with local governments and school districts participating in the New York State Employees' Health Insurance Program (NYSHIP), will pay $248 million less than expected for employer contributions for health insurance because of historically low increases in 2009 health insurance premiums that were negotiated by the State...

Over $104,000 In Retirement Settlement Money To The State Pension Fund And Local Governments

Posted on December 05, 2008
Over $104,000 In Retirement Settlement Money To The State Pension Fund And Local GovernmentsSource: Joint Press Release; Office of the State Comptroller; Office of the Attorney GeneralIn a press release dated December 5, 2008, Attorney General Andrew M...

Police officer dismissed after being found guilty of serving as an active volunteer firefighter while on GML §207-c leave

Posted on December 05, 2008
Police officer dismissed after being found guilty of serving as an active volunteer firefighter while on GML §207-c leaveKaufman v Wells, 2008 NY Slip Op 09082, Decided on November 18, 2008, Appellate Division, Second DepartmentA disciplinary hearing officer found Steve Kaufman guilty of 42 of 122 specifications of misconduct filed against him, which ultimately resulted in Kaufman?s being terminated from his position with the Town of New Castle Police Department...

Scholarship on the Regulatory Process

Posted on December 05, 2008
Scholarship on the Regulatory ProcessSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2008, All rights reserved http://lawprofessors.typepad.com/adminlaw/Professor Cary Coglianese of University of Pennsylvania Law School and Professor Robert Kagan of the University Of California-Berkeley's Center for the Study of Law and Society have written an empirical piece entitled "Regulation and Regulatory Processes"...

15-day suspension recommended after worker found guilty of using a department vehicle for an unauthorized purpose

Posted on December 05, 2008
15-day suspension recommended after worker found guilty of using a department vehicle for an unauthorized purposeDep't of Sanitation v. Pulliam, OATH Index No. 1976/08A sanitation worker was found to have disobeyed a supervisor's order and used a Department truck for an unauthorized purpose when he drove to a pay phone to call the police after allegedly being assaulted by a civilian on his route...

Summary of recent Improper Practices decisions by PERB Administrative Law Judges

Posted on December 04, 2008
Summary of recent Improper Practices decisions by PERB Administrative Law Judges[Source: PERB?s Recent Decisions posting on the Internet] RAIMUNDO TORRENCE AND UNITED FEDERATION OF TEACHERS, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK...

Government financial accountability

Posted on December 04, 2008
Government financial accountabilitySource: Press release from the Office of the State ComptrollerThe Office of the State Comptroller regularly audits state agencies, public authorities and New York City agencies. Audit is designed to ensure that programs achieve their established goals, funds are used efficiently and assets are adequately protected against fraud, waste and abuse...

Court Invalidates DOL Regulation Prohibiting Fitness for Duty Certification on Return from Intermittent FMLA Leave

Posted on December 04, 2008
Court Invalidates DOL Regulation Prohibiting Fitness for Duty Certification on Return from Intermittent FMLA LeaveSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2008. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

Employee?s ADA claim for damages survives promotion to a higher grade position

Posted on December 03, 2008
Employee?s ADA claim for damages survives promotion to a higher grade positionMatter of Jochelman v New York State Banking Dept., 2008 NY Slip Op 09267, decided on November 25, 2008, Appellate Division, First Department After the New York State Banking Department denied Irving Jochelman a promotion to the position of Principal Bank Examiner I, Jochelman sued Supreme Court granted Banking?s motion to dismiss his petition because Jochelman had been given the promotion underlying his complaint prior to his appeal, which also had the effect of ?rendering moot that portion of his complaint seeking back pay...

Employee?s law suit charging defamation, abuse of process, malicious prosecution and civil rights violations dismissed by the Appellate Division

Posted on December 03, 2008
Employee?s law suit charging defamation, abuse of process, malicious prosecution and civil rights violations dismissed by the Appellate DivisionWatson v Jamestown, 2008 NY Slip Op 09231, Decided on November 21, 2008, Appellate Division, Fourth DepartmentMichael J...

Retired public employee lacks standing to file an unfair labor practice charge with PERB

Posted on December 03, 2008
Retired public employee lacks standing to file an unfair labor practice charge with PERBVictor Maltsev And District Council 37, and New York City Transit Authority, PERB ALJ Cacavas, U-27372[Source: PERB?s Recent Decisions posting on the Internet] A retired public employee filed a charge against his union more than two years after the date of his retirement...

A provision in a town code that is intended to supercede a statutory provision must comply with the statutory method set by law

Posted on December 02, 2008
A provision in a town code that is intended to supercede a statutory provision must comply with the statutory method set by lawMatter of Guzdek v Mohan, 2008 NY Slip Op 08875, Decided on November 14, 2008, Appellate Division, Fourth DepartmentThe Amherst Town Board adopted a resolution providing for the appointment of three officers to fill vacancies in the Town?s Police Department...

Removal of an officer of a political subdivision of the State for misconduct, maladministration, malfeasance or malversation in office

Posted on December 02, 2008
Removal of an officer of a political subdivision of the State for misconduct, maladministration, malfeasance or malversation in officeMatter of Hedman v Town Bd. of Town of Howard, 2008 NY Slip Op 09229, decided on November 21, 2008, Appellate Division, Fourth Department Gerald S...

Termination recommended for employee found guilty of providing marijuana to a juvenile held a secure facility

Posted on December 02, 2008
Termination recommended for employee found guilty of providing marijuana to a juvenile held a secure facilityDep't of Juvenile Justice v. Bodden, OATH Index No. 202/09 (Oct. 21, 2008)Administrative Law Judge Kevin Casey recommended termination for a juvenile counselor with the Department of Juvenile Justice who provided marijuana and matches to a juvenile resident of a secure facility, explaining that the counselor had breached the trust placed in him and undermined the agency's mission...

Placement of a candidates name on an eligible list does not give the individual a right to an appointment

Posted on December 01, 2008
Placement of a candidates name on an eligible list does not give the individual a right to an appointmentTardif v Town of Southold, 2008 NY Slip Op 09381, decided on November 25, 2008, Appellate Division, Second DepartmentJohn J. Tardif filed a notice of claim alleging that the Town of Southold, and the Town's police department, did not appoint him as a police officer even though he had "the best qualifications" and "the number one test score" on the examination to become a police officer because of his age...

Statutory presumption that a disease of the heart resulted from the performance of duty rebutted by medical evidence to the contrary

Posted on December 01, 2008
Statutory presumption that an individual suffered a disease of the heart as a result of the performance of duty rebutted by medical evidence to the contraryMatter of Lawless v DiNapoli, 2008 NY Slip Op 09335, decided on November 26, 2008, Appellate Division, Third DepartmentRobert E...

State Comptroller advises state agencies concerning the appropriate use of State travel credit cards by staff members

Posted on December 01, 2008
State Comptroller advises state agencies concerning the appropriate use of State travel credit cards by staff membersSource: Press release, Office of the State ComptrollerState Comptroller Thomas P. DiNapoli has issued a bulletin to all state agencies on the rules for state-issued credit cards...

Is obesity an ADA impairment?

Posted on December 01, 2008
Is obesity an ADA impairment?Andrews v. Ohio, #95-3447, 104 F.3d 803Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2008 AELEA federal appeals court rejected a suit by Ohio state troopers who challenged weight and fitness regulations as discriminatory...

Recent developments in Equal Employment Opportunity

Posted on November 29, 2008
Recent developments in Equal Employment OpportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2008 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

Participation of the appointing authority in a disciplinary action

Posted on November 28, 2008
Participation of the appointing authority in a disciplinary actionFaga v Board of Educ. of Harrison Cent. School Dist., 2008 NY Slip Op 09078, Decided on November 18, 2008, Appellate Division, Second DepartmentVito Faga was terminated from his position of head custodian at the Harrison Central School District...

Penalty of demotion rather than termination recommended based on findings that employee could satisfactorily perform in the lower grade position

Posted on November 28, 2008
Penalty of demotion rather than termination recommended based on findings that employee could satisfactorily perform in the lower grade positionDep't of Correction v. Walker, OATH Index No. 1394/08 (Oct. 17, 2008)Administrative Law Judge Faye Lewis recommended demotion for a Correction Department captain who ordered a subordinate officer to submit a report containing certain language while implying that there would be negative employment consequences to the subordinate if she did not do so...

New procedures implemented by employer ruled a mandatory subject of collective bargaining

Posted on November 28, 2008
New procedures implemented by employer ruled a mandatory subject of collective bargainingAlbany Police Officers Union Local 2841, and City Of Albany, PERB U-27333[Source: PERB?s Recent Decisions posting on the Internet] The Board affirmed, in part, and reversed, in part, the decision of an ALJ finding that the City of Albany violated §209a...

Appeal dismissed after employee fails to prove efforts to exhaust her administrative remedy would have been an exercise in futility

Posted on November 26, 2008
Appeal dismissed after employee fails to prove efforts to exhaust her administrative remedy would have been an exercise in futilityMatter of Amorosano-LePore v Grant, 2008 NY Slip Op 09073, Decided on November 18, 2008, Appellate Division, Second DepartmentThis decision by the Appellate Division illustrates the importance of exhausting administrative remedies before seeking judicial relief...

Employee loses claim of unlawful retaliation because of her disability after conceding she lacked the seniority required for transfer

Posted on November 26, 2008
Employee loses claim of unlawful retaliation because of her disability after conceding she lacked the seniority required for transferRuane-Wilkens v Board of Educ. of City of New York, 2008 NY Slip Op 09062, Decided on November 18, 2008, Appellate Division, Second DepartmentMaryellen Ruane-Wilkens sued the New York City Board of Education in an effort to recover damages for alleged employment discrimination and retaliation pursuant to Executive Law §296...

10-day suspension recommended for employee found guilty of insubordination

Posted on November 26, 2008
10-day suspension recommended for employee found guilty of insubordinationHealth & Hospitals Corp. (Queens Health Network) v. Smith, OATH Index No. 2019/08Administrative Law Judge Kara Miller recommended a 10-day disciplinary suspension for a hospital dietary aide found guilty of insubordination...

Jackson Lewis attorneys offer a free 90-minute FMLA Webinar

Posted on November 26, 2008
Jackson Lewis attorneys offer a free 90-minute FMLA WebinarSource: Jackson Lewis Disability, Leave and Health Management Practice Group [(866) 382-6915]The Family and Medical Leave Act (FMLA), which has long been a source of litigation and confusion in the workplace, has undergone major changes for the first time in its 15-year history...

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 ...