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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

Entities subject to the Open Meetings Law and the Freedom of Information Law

Posted on September 19, 2008
Entities subject to the Open Meetings Law and the Freedom of Information Law Matter of Reese v Daines, 2008 NY Slip Op 51879(U), decided on September 15, 2008, Supreme Court, Erie County, Patrick H. NeMoyer, J Justice NeMoyer?s ruling in the Reese case provides summaries of the basic issues and case law involved in satisfying the mandates of New York?s Open Meetings Law (OML) (Public Officers Law § 100 et seq) and its Freedom of Information Law (FOIL), Public Officers Law Section 84 et...

A police officer's fall while chasing a suspect was not an accident within the meaning of the Retirement and Social Security Law

Posted on September 19, 2008
A police officer's fall while chasing a suspect was not an accident within the meaning of the Retirement and Social Security Law Matter of Melendez v New York State Comptroller, 2008 NY Slip Op 06921, decided on September 18, 2008, Appellate Division, Third DepartmentRobert Melendez, a police officer serving with the Village of Freeport Police Department in Nassau County, was injured after tripping over a snow bank while chasing two suspects...

US Court of Appeals, 7th Circuit, holds secret tape-recording of superiors in jailer's harassment suit not protected activity

Posted on September 19, 2008
US Court of Appeals, 7th Circuit, holds secret tape-recording of superiors in jailer's harassment suit not protected activity Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Determining if a quorum required to conduct official business is present

Posted on September 18, 2008
Determining if a quorum required to conduct official business is presentFormal Opinions of the Attorney General 2008-F1It is not uncommon for a public board or council to have both voting members and ex officio non-voting members. In this instance the Attorney General was asked to advise the New York State Independent Living Council as to what constituted a quorum for the purpose of its conducting official business...

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Washington State to experiment with a 4-day workweek

Posted on September 18, 2008
Washington State to experiment with a 4-day workweekAssociated Press writer Curt Woodward reports that the State of Washington will try a 4-day week to save money. Woodward writes "Feeling the pinch of soaring energy costs, and with a projected budget deficit on the horizon, Gov...

OFCCP directs employers on counting employees in setting affirmative action plan goals

Posted on September 18, 2008
OFCCP directs employers on counting employees in setting affirmative action plan goalsSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP. All rights reserved.The Office of Federal Contract Compliance Programs (?OFCCP?) has updated its existing interim guidance regarding the use of the ?new? race/ethnicity categories as part of affirmative action plan preparation...

Court upholds subpoena of attorney records in connection with pension fraud investigation

Posted on September 18, 2008
Court upholds subpoena of attorney records in connection with pension fraud investigationSource: 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...

Interest Arbitration Determination

Posted on September 17, 2008
Interest Arbitration Determination In the matter of the arbitration between the City of New York and the Patrolmen?s Benevolent Association of the City of New York, Inc., PERB Case No. IA 2006-24; M 2006-093The New York State Public Employment Relations Board (?PERB?) designated a Public Arbitration Panel to consider the dispute between the City of New York (?City?) and the Patrolmen?s Benevolent Association of the City of New York, Inc...

Failure to perform found to result from incompetence rather than misconduct

Posted on September 17, 2008
Failure to perform found to result from incompetence rather than misconductTransit Auth. v. Wong, OATH Index No. 1866/08 (Aug. 28, 2008)In a disciplinary proceeding, a computer specialist was charged with both incompetence and misconduct. ALJ Kara Miller sustained the incompetence charge, finding that the respondent had overstated his qualifications and experience on his resume and lacked the requisite skill set to perform his job functions...

Appointing authority disqualified from acting on the recommendation of hearing officer due to his personal involvement

Posted on September 16, 2008
Appointing authority disqualified from acting on the recommendations submitted by a disciplinary hearing officer as a result of his personal involvement in the disciplinary processMatter of Prioleau v Nicoletti, 2008 NY Slip Op 06841, Decided on September 9, 2008, Appellate Division, Second DepartmentJoseph Nicoletti, Jr...

Senate passes ADA Restoration Act

Posted on September 16, 2008
Senate passes ADA Restoration ActSource: 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.Senate Passes Bill Protecting Disabled People is an important September 11, 2008 New York Times article...

Soliciting a gratuity

Posted on September 16, 2008
Soliciting a gratuityDep't of Sanitation v. Norris, OATH Index No. 2352/08 (Aug. 11, 2008)ALJ Alessandra Zorgniotti recommended dismissal of a sanitation worker found to have solicited money from two homeowners to collect bulk material. ALJ Zorgniotti explained that "[s]oliciting a bribe or gratuity for the performance of one's duties is an act of corruption that cannot be tolerated," and which "necessitates a severe sanction, both to discipline the employee and to deter future similar conduct by other employees...

Governor acts following multiple resignations from a town board results in the loss of a quorum

Posted on September 15, 2008
Governor acts following multiple resignations from a town board results in the loss of a quorumExecutive Chamber press releaseTypically a vacancy on a board is filled by the incumbent board members. Filling a vacancy on the Town Board of the Town of Ancram, however, created a rarely experienced situation that required intervention by the Governor...

Name clearing hearing

Posted on September 15, 2008
Name clearing hearingBrowne v. Employees' Retirement System, OATH Index No. 1696/08 (Aug. 26, 2008)In a "name clearing hearing," a staff analyst, who had previously been demoted because she had allegedly "planted untruths within the managerial team regarding her romantic relationship with her" superior, sought to clear her name by disproving the accusations made by her employer...

Absent formal challenge, time served on wrongful suspension does not count towards 1250-hour eligibility requirement

Posted on September 15, 2008
Absent formal challenge, time served on wrongful suspension does not count towards 1250-hour eligibility requirementSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2008. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

Paid time-off and travel expense reimbursement required in satisying Bloodborne Pathogens Standard testing

Posted on September 12, 2008
Paid time-off and travel expense reimbursement required in satisying Bloodborne Pathogens Standard testingSec'y of Labor v. Beverly Healthcare-Hillview, USCA, 3rd Circuit, Docket No. 06-4810 Source: Findlaw; http://newsletters.findlaw.com/nl/sub/review-account...

9th Circuit holds that Statute of Limitations began to run when individual was not hired

Posted on September 12, 2008
9th Circuit holds that Statute of Limitations began to run when individual was not hiredSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Doctor?s summary note recommending two weeks of leave for ?medical complications? sufficient to alert employer of FMLA possibility

Posted on September 12, 2008
Doctor?s summary note recommending two weeks of leave for ?medical complications? sufficient to alert employer of FMLA possibility Source: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2008. All rights reserved by Carl C. Bosland, Esq...

Courts have a limited authority in modifying a disciplinary penalty imposed by the appointing authority

Posted on September 11, 2008
Courts have a limited authority in modifying a disciplinary penalty imposed by the appointing authority Matter of Mary Ellis v Mahon, 2008 NY Slip Op 06737, Decided on September 9, 2008, Court of Appeals In Ellis v Mahon, 49 AD2d 538, the Appellate Division the annulled the disciplinary penalty imposed on Mary Ellis ? dismissal ? and remanded the matter to the appointing authority ?for the imposition of an appropriate penalty less severe than either termination or suspension of [Ellis?] employment...

Tenure v. Salary - Which is More

Posted on September 11, 2008
Tenure v. Salary - Which is More Important? 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. The Washington Post reported on August 14, 2008, that D...

Discouraging FMLA usage interferes with FMLA rights even where all FMLA leave requests are approved

Posted on September 11, 2008
Discouraging FMLA usage interferes with FMLA rights even where all FMLA leave requests are approved Source: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2008. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

Memoranda of understandings may not have standing as a ?collective bargaining agreement?

Posted on September 10, 2008
Memoranda of understandings may not have standing as a ?collective bargaining agreement? Coca-Cola Enterprises, Inc., Eastern Great Lakes Division and Leigh Purcell and International Brotherhood of Teamsters, Local 529. NLRB Case 3?RD?1527 Frequently the parties negotiating a collective bargaining agreement under the Taylor Law will include, or refer to, a ?Memorandum of Understanding? [MOU] setting out agreements reached but not included in the COB itself...

USCA, 3d Circuit, holds suspension of security clearance renders employee unqualified

Posted on September 10, 2008
USCA, 3d Circuit, holds suspension of security clearance renders employee unqualifiedSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Your Guide to September Employee Celebrations

Posted on September 10, 2008
Your Guide to September Employee CelebrationsSource: Manpower Employment Blawg; www.manpowerblogs.com/tothReproduced with permission. Copyright © 2008, Mark Toth For information concerning free FSS and other electronic feeds, go to www.manpowerblogs...

Conflicts of Interest

Posted on September 09, 2008
Conflicts of InterestOpinion of the Office of the State Comptroller, #2008 ? 1; #2008-2 In response to an inquiry concerning gifts to school district, the Office of the State Comptroller advised: A school board member would not have a prohibited conflict of interest under article 18 of the General Municipal Law if he or she also served as a trustee on the board of trustees of a not-for-profit foundation that raises money and makes gifts to the school district...

Employee?s complaint concerning the use of federal grant monies by his employer not speech protected by the ?First Amendment?

Posted on September 09, 2008
Employee?s complaint concerning the use of federal grant monies by his employer not speech protected by the ?First Amendment?Kevin J.. Renken v William D. Gregory, et al, USCA 7th Circuit, No. 07-3126 Renken sued Gregory and other officers of the University of Wisconsin-Milwaukee [University] alleging that they had retaliated against him for exercising his First Amendment rights when he complained about how the University was using National Science Foundation [NSF] grant funds...

Police Cruisers not covered by Massachusetts Lemon Law

Posted on September 09, 2008
Police Cruisers not covered by Massachusetts Lemon LawSource: Lemon Law Justice; Reproduced with permission. © Sergei Lemberg, Esg., 2008. All rights reserved.Does Massachusetts? Lemon Law apply to a town?s vehicles?That was the question before the Easthampton, Massachusetts, city counsel, as it considered whether to dump of the town?s police cruisers...

Governor vetoes bills

Posted on September 08, 2008
Governor vetoes billsSource: Press release by the Governor's Press Office dated September 05, 2008, Governor David A. Paterson vetoed a number of pending bills, including the following measures passed by the Legislature.S.6457-A Farley /A.9393-A Abbate ? Imposes a moratorium prohibiting diminishment of public employee retiree health insurance benefits until June 30, 2009S...

Unauthorized absence is disqualifying misconduct for purposes of qualifying for unemployment insurance benefits

Posted on September 08, 2008
Unauthorized absence is disqualifying misconduct for purposes of qualifying for unemployment insurance benefitsSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq...

States may waive Eleventh Amendment immunity with respect to litigating in federal courts and still retain its immunity from liability

Posted on September 08, 2008
States may waive Eleventh Amendment immunity with respect to litigating in federal courts and still retain its immunity from liabilityMichael A. Lombardo v Commonwealth of Pennsylvania, Estelle Richman, Secretary of the Department of Public Welfare, in her official capacity, USCA, 3rd Circuit, Docket 06-4628Typically a state will invoke the 11th Amendment to avoid having to litigate an issue in the federal courts...

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