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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

Rare teacher First Amendment victory

Posted on October 06, 2008
Rare teacher First Amendment victory Source: 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. Johnson v. Poway Unified School District, ___F...

Appellate Division rules disciplinary penalty imposed on employee excessive

Posted on October 03, 2008
Appellate Division rules disciplinary penalty imposed on employee excessiveMatter of Gomez v Kelly, 2008 NY Slip Op 07181, Decided on October 2, 2008, Appellate Division, First DepartmentNew York City Police Commissioner Raymond W. Kelly found Manuel Gomez guilty of five charges of misconduct and as the penalty placed Gomez on a one-year disciplinary probation and imposed a forfeiture of 30 days of vacation credit...

Third Circuit decision addresses free speech and termination for just cause issues

Posted on October 03, 2008
Third Circuit decision addresses free speech and termination for just cause issuesRita Miller v Clinton County [Pennsylvania], USCA, 3rd Circuit, Docket # 07-2105In this case, the Circuit Court of Appeals sets out the guidelines followed by courts in resolving claims by public officers and employees that their employer has violated their First Amendment right to free speech and the impact of the terms of a collective bargaining agreement on judicial control over the hiring, discharge and supervision of judicial employees...

Public employee states First Amendment cause of action

Posted on October 03, 2008
Public employee states First Amendment cause of action Source: 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...

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Appellate Division holds substantial evidence supports disciplinary hearing officer?s findings

Posted on October 02, 2008
Appellate Division holds substantial evidence supports disciplinary hearing officer?s findingsMercado v Kelly, 2008 NY Slip Op 07175, Decided on September 30, 2008, Appellate Division, First Department Benigno Mercado appealed his termination from his position as a New York City police officer after he was found guilty of certain charges following a disciplinary hearing...

Employee looses ADA "regarded as" claim for refusing to enroll in inpatient alcohol treatment program

Posted on October 02, 2008
>Employee looses ADA "regarded as" claim for refusing to enroll in inpatient alcohol treatment program Source: 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...

If an employee has been served with disciplinary charges, his or her right to a disciplinary hearing survives his or her retirement from the position

Posted on October 01, 2008
If an employee has been served with disciplinary charges, his or her right to a disciplinary hearing survives his or her retirement from the position Matter of Blair v Horn, 2008 NY Slip Op 32581(U), September 12, 2008, Supreme Court, New York County, Docket Number: 0100105/2008, Judge: Marcy S...

Bill barring police departments from imposing mandatory retirement or separation from service at age sixty-five or less vetoed

Posted on October 01, 2008
Bill barring police departments from imposing mandatory retirement or separation from service at age sixty-five or less vetoedVeto # 147; Assembly 10508 Brook-Krasny / Senate 7332-A Golden A bill, Assembly 10508 Brook-Krasny / Senate 7332-A Golden, that attempte to amend the Retirement and Social Security Law so as to provide that no police officer shall be mandatorily retired who is age sixty-five or less was vetoed by the Governor [Veto Number 147]...

Pushing A Student Disqualifies

Posted on October 01, 2008
Pushing A Student Disqualifies Employee For UnemploymentSource: 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...

US Circuit Court of Appeals rules that New York State law provides for ?employment-at-will? absent a constitutionally impermissible action by the empl

Posted on September 30, 2008
US Circuit Court of Appeals rules that New York State law provides for ?employment-at-will? absent a constitutionally impermissible action by the employerMarsha Bartel v NBC Universal, Inc., USCA 7th Circuit, Docket # 07-3913New York State follows the common law doctrine of at-will employment...

6th Circuit Court of Appeals holds deputy sheriff fired for candidacy, not political activity

Posted on September 30, 2008
6th Circuit Court of Appeals holds deputy sheriff fired for candidacy, not political activity Source: 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 Greenwell v...

Failure to prorate performance goals to account for leave usage violates FMLA

Posted on September 30, 2008
Failure to prorate performance goals to account for leave usage violates FMLA Source: The FMLA Blog - Copyright © 2008. 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...

Change in procedure to designate SUNY positions in the unclassified service vetoed

Posted on September 30, 2008
Change in procedure to designate SUNY positions in the unclassified service vetoedSenate 6780-b, Veto #162 Sentate.6780-B [Robach]; Assembly 11126-A [Abbate] which is describe as a bill to prohibit ?the State Civil Service commission from designating a SUNY position in the unclassified service if that position is the same or is substantially similar in the scope and duties as existing positions in the classified service? has been vetoed by the Governor...

Arbitrator?s imposing a penalty of ?time served? while the employee was suspended without pay ruled arbitrary

Posted on September 29, 2008
Arbitrator?s imposing a penalty of ?time served? while the employee was suspended without pay ruled arbitraryLance Greenstreet v Social Security Administration, USCA, Federal Circuit, Docket 2007-3312 In a grievance arising from defendant's termination of plaintiff-employee, an arbitrator's decision reinstating plaintiff without back pay is affirmed in part, vacated in part, and remanded where the denial of back pay converted plaintiff's termination into a suspension based solely on his "time served," i...

Lower court holds termination was not justified despite misrepresentations on resume and sexual harassment allegations

Posted on September 29, 2008
Lower court holds termination was not justified despite misrepresentations on resume and sexual harassment allegations Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Last week?s 10 most popular government-related law blawgs

Posted on September 29, 2008
Last week?s 10 most popular government-related law blawgs Reported by Justia http://blawgsearch.justia.com/category.aspx?catid=18971. Public Blawg Covers eminent domain, labor and employment, land use, public power, redevelopment and taxation. By Meyers Nave...

President Bush signs amendments to the Americans with Disabilities Act

Posted on September 29, 2008
President Bush signs amendments to the Americans with Disabilities ActSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP. All rights reserved. With praise from disability groups and business organizations alike, President George W...

Adverse employment actions and free speech

Posted on September 26, 2008
Adverse employment actions and free speechRobert J. Welch v Christopher Ciampa, USCA, 1st Circuit, Docket #07-2470, decided September 23, 2008Robert Welch, a Town of Stoughton police officer, sued the Chief of Police and others alleging that he had been subjected to retaliation as a result of his exercising his rights under the First Amendment of the Federal Constitution...

Rebutting the statutory presumption that an ?on-the-job? injury or death was job-related shifts burden of showing job-relatedness to the claimant

Posted on September 26, 2008
Rebutting the statutory presumption that an ?on-the-job? injury or death was job-related shifts burden of showing job-relatedness to the claimantMatter of Petrocelli v Sewanhaka Cent. School Dist., 2008 NY Slip Op 07058, Decided on September 25, 2008, Appellate Division, Third DepartmentSection 21 of the Workers? Compensation Law sets out ?a presumptions of compensability when an unwitnessed or unexplained death occurs during the course of one's employment...

Federal District Court recognizes cause of action for alleged transgender discrimination

Posted on September 26, 2008
Federal District Court recognizes cause of action for alleged transgender discrimination Source: 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...

Investigating anonymous allegations of wrongdoing by a public official

Posted on September 25, 2008
Investigating anonymous allegations of wrongdoing by a public officialApplication of Crystal Barton for the removal of Ralph R. Hernandez as a member of the Board of Education of the City School District of the City of Buffalo, Decisions of the Commissioner of Education, Decision No...

Conflict of interest

Posted on September 25, 2008
Conflict of interest Informal Opinions of the Attorney General[Access the full opinion by clicking on the number of the opinion] Informal Opinion 2008 - 5 Members of the city board of ethics are city officers and thus by virtue of Education Law § 2502(7), may not simultaneously serve on the school district board of education.

Long Island Rail Road?s high percentage of retirees receiving disability retirement benefits to be investigated

Posted on September 24, 2008
Long Island Rail Road?s high percentage of retirees receiving disability retirement benefits to be investigated Source: Office of the GovernorGovernor David A. Paterson has called for an investigation into allegations of fraud in the disability payments made to retirees of the Long Island Rail Road (LIRR)...

Abolishment of positions by a BOCES

Posted on September 24, 2008
Abolishment of positions by a BOCES Appeal of Christopher Curtis and G. Michael Newell from action of the Otsego-Northern Catskill Board of Cooperative Educational Services, Decisions of the Commissioner of Education, Decision No. 15,831 Christopher Curtis and G...

Seeking a court order to compel a public officer to perform his or her duty

Posted on September 23, 2008
Seeking a court order to compel a public officer to perform his or her dutyMatter of Burch v Harper, 2008 NY Slip Op 06987, decided on September 16, 2008, Appellate Division, Second Department Chris Burch brought an Article 78 [CPLR Article 78 proceeding that the Appellate Division described as ?in the nature of mandamus...

New York City Civil Service Commission?s determination that an applicant is qualified for the position sought affirmed

Posted on September 23, 2008
New York City Civil Service Commission?s determination that an applicant is qualified for the position sought affirmedIn the Matter of the Application of THE CITY OF NEW YORK and MARTHA K. HIRST, As Commissioner of the New York City Department of Citywide Administrative Services, 2008 NY Slip Op 32509(U), September 8, 2008, Supreme Court, New York County, Docket Number: 0400925/2008, Judge: Lewis Bart Stone [Not selected for official publication]In this action, New York City?s Department of Citywide Administrative Services [Administrative Services] as the court to review the City Civil Service Commission?s [CSC] decision that an applicant for the position of Assistant Engineer was qualified for appointment to this title...

Guidelines for employees claiming sexual harassment

Posted on September 23, 2008
Guidelines for employees claiming sexual harassment Source: California Legal Team; Los Angeles Sexual Harassment Attorneys California attorney Okorie Okorocha has posted guidelines for employees who believe that they have been subjected to sexual harassment at the workplace entitled ?How employees can protect themselves when sexually harassed at work...

Employee?s claim that her employee organization breached its duty of fair representation rejected as untimely

Posted on September 22, 2008
Employee?s claim that her employee organization breached its duty of fair representation rejected as untimely Nabors v Town of Somers, 2008 NY Slip Op 06972, decided on September 16, 2008, Appellate Division, Second DepartmentElizabeth Miller Nabors sued both...

Senate 3406; ADA Amendments Act of 2008 ? ?A bill to restore the intent and protections of the Americans with Disabilities Act of 1990.?

Posted on September 22, 2008
Senate 3406; ADA Amendments Act of 2008 ? ?A bill to restore the intent and protections of the Americans with Disabilities Act of 1990.? Source: NSBA Legal Clips; Free subscriptions available at www.nsba.org/legalclips. Reproduced with permission. Copyright © 2008, National School Boards Association...

Information on the Internet being used to make personnel decisions

Posted on September 22, 2008
Information on the Internet being used to make personnel decisionsSource: The Week, September 26, 2008 The Week reports that a CareerBuilder Poll [www.careerbuilder.com] found that applicants for employment may have their profiles and other information they provided to social networks or on their personal blog scrutinized by potential employers...

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