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

Employees who wrote critical letter engaged in protected activity and his termination was an unfair labor practice

Posted on April 24, 2008
Employees who wrote critical letter engaged in protected activity and his termination was an unfair labor practiceSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq...

Denial of a ?materially more advantageous? position may constitute an adverse employment action for the purposes of Title VII

Posted on April 24, 2008
Denial of a ?materially more advantageous? position may constitute an adverse employment action for the purposes of Title VIINatalie Beyer v County of Nassau, et al., CA2, decided April 23, 2008, Docket # 06-4930-cv Natalie Beyer, a Nassau County police detective was assigned to the Serology Section, where she analyzed blood and other bodily fluids recovered from crime scenes...

Contempt proceeding used to enforce a court order directing reinstatement

Posted on April 24, 2008
Contempt proceeding used to enforce a court order directing reinstatementAngel Nunez v City of New York, 43 A.D.3d 808, Appellate Division, First Department Angel Nunez obtained a court order directing his reinstatement to his former position, or a comparable position, with the New York City Department of Sanitation, together with back pay and benefits [Matter of City of New York v New York State Div...

Arbitrator?s ruling employee worked ?out-of-title? does not violate public policy

Posted on April 24, 2008
Arbitrator?s ruling employee worked ?out-of-title? does not violate public policyMatter of County of Westchester v Edward Doyle, Jr., 43 A.D.3d 1055, Appellate Division, Second Department Westchester County filed a CPLR Article 75 petition in an effort to vacate an arbitration award holding that one of employees had been working ?out-of-title? on the grounds that the award constituted a ?violation of public policy...

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

Disciplinary penalty of termination vacated as ?shocking to one?s sense of fairness?

Posted on April 24, 2008
Disciplinary penalty of termination vacated as ?shocking to one?s sense of fairness?Ronnie Wiggins v Southampton UFSD, Supreme Court, IAS Term, Part XXIV, Suffolk County, Judge Peter Fox Cohalan [not officially reported] Ronnie Wiggins, had been employed by the Southampton Union Free School District as a groundsman for some 17 years...

Accepting gratuities for performing official duties

Posted on April 24, 2008
Accepting gratuities for performing official dutiesMatter of Dept. of Environmental Protection and Subject, OATH Index No. 534/08 (Mar. 17, 2008). As a result of an undercover investigation, a construction laborer was charged with receiving gratuities on two occasions...

Mismanaging of financial accounts

Posted on April 24, 2008
Mismanaging of financial accountsMatter of Dept. of Education and Honan, OATH Index No. 2231/07 (Mar. 14, 2008). ALJ Tynia Richard found a custodial engineer persistently mismanaged a school custodial account by overpaying himself $8,493 in salary, failing to properly record payments, and making late payments...

Grant of Leave Was Illusory Where Employee Was Required to Perform Full Duties While on Intermittent FMLA Leave

Posted on April 23, 2008
Grant of Leave Was Illusory Where Employee Was Required to Perform Full Duties While on 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...

Appeal of T.W. from action of the Board of Education of the Naples Central School District filing disciplinary charges against him

Posted on April 23, 2008
Appeal of T.W. from action of the Board of Education of the Naples Central School District filing disciplinary charges against himDecisions of the Commissioner of Education No. 15,735 On September 27, 2007, the Board of Education of the Naples Central School District served five disciplinary charges on T...

Filling vacancies on an elected Board

Posted on April 23, 2008
Filling vacancies on an elected BoardInformal Opinions of the Attorney General, 2008-1 When three of the five Board positions on the Big Flats Fire District #2 became vacant simultaneously as the result of the resignation of two members and the death of a third, the Attorney General advised the remaining two members of the Board that, pursuant to Town Law §176(3), the two remaining Board members may appoint qualified persons to fill three vacancies on the Board...

Polygraph results justify rejecting applicant for appointment as a police officer

Posted on April 23, 2008
Polygraph results justify rejecting applicant for appointment as a police officerMullen v County of Suffolk, 43 A.D.3d 934, Appellate Division, Second Department Thomas J. Mullen was a candidate to become a police officer in the Ocean Beach Police Department...

Records supports finding that applicant was not rejected because of any disability

Posted on April 23, 2008
Records supports finding that applicant was not rejected because of any disabilityIsaksson-Wilder v New York State Div. of Human Rights, 43 A.D.3d 921, Appellate Division, Second Department A New York State Division of Human Rights? Administrative Law Judge [ALJ] found that Kimberly Isaksson was not subjected to discriminatory practices...

Only employees sued for performing official duties are entitled to indemnification

Posted on April 23, 2008
Only employees sued for performing official duties are entitled to indemnificationPerez v City of New York, 43 A.D.3d 712, Appellate Division, First Department Severino Perez sued the City of New York and won $11 million in damages. In addition, the court awarded former New York City police officer Carol Healy legal fees and expenses in the amount of $31,000 to be paid by the City...

Injured police officer allowed to file GML Section 205-e complaint

Posted on April 23, 2008
Injured police officer allowed to file GML Section 205-e complaintFoley v City of New York, 43 A.D.3d 702, Appellate Division, First Department Kim Foley, a police officer and midnight duty captain, was injured when she tripped and fell on a stairway outside the rear exit of the 43rd Precinct in the Bronx while responding to a domestic violence incident...

Termination recommended for employee who tested positive for marijuana

Posted on April 23, 2008
Termination recommended for employee who tested positive for marijuanaNYC Department of Transportation v Anonymous, OATH Index # 1754/07 Administrative Law Judge John Spooner recommended the termination of a highway repairer who tested positive for marijuana...

Employee dismissed after being

Posted on April 22, 2008
Employee dismissed after being found guilty of bringing discredit upon the employer Matter of Jason Tessiero v Bennett, 2008 NY Slip Op 03372, 2008 NY Slip Op 03372, Appellate Division, Third Department The Hearing Board concluded that Jason Tessiero, a State Trooper, engaged in misconduct by using his position as a State Trooper to enhance a social relationship and that he acted in a manner tending to bring discredit upon the Division of State Police...

Firefighter terminated after making false statements under oath to tell the truth

Posted on April 22, 2008
Firefighter terminated after making false statements under oath to tell the truthMatter of Anthony Loscuito v Scoppetta, 2008 NY Slip Op 03459, Decided on April 15, 2008, Appellate Division, Second Department Found guilty of six charges of misconduct, Anthony Loscuito was terminated from his position as a firefighter with the New York City Fire Department...

Medical disqualification for public employment

Posted on April 22, 2008
Medical disqualification for public employmentAlmetta Rivers v NYC Department of Sanitation, Index # 1042 10/07 Supreme Court, NY County, Judge Lewis B. Stone [not officially reported] The New York City Department of Sanitation (DOS), disqualified Almetta Rivers ?from consideration for the position of Sanitation Worker...

NYSERS retirement benefits available to member?s same-gender marriage spouse

Posted on April 22, 2008
NYSERS retirement benefits available to member?s same-gender marriage spouseGodfrey v Hevesi, Supreme Court Albany County, Index 5896-06, Judge McNamara [see also Godfrey v. Spano, 15 Misc.3d 809 In October 2004, the State Comptroller advised a member of the New York State Employees? Retirement System [NYSERS] that his Canadian marriage to his same-gender partner would be recognized by the Retirement System under the principle of comity, a legal doctrine that has been followed by New York State courts for many years...

Ability to perform light duty permits discontinuation of GML Section 207-c benefits

Posted on April 22, 2008
Ability to perform light duty permits discontinuation of GML Section 207-c benefitsMatter of Raymond Nicchia v County of Nassau, 43 A.D.3d 823 Appellate Division, Second Department Nassau County Corrections Officer Raymond Nicchia received disability benefits from Nassau County pursuant to Section 207-c of the General Municipal Law as a result of his suffering a work-related injury...

Global Positioning System data used as evidence in disciplinary hearing

Posted on April 22, 2008
Global Positioning System data used as evidence in disciplinary hearingNew York City Department of Education v Halpin, OATH Index #818/07 Administrative Law Judge Tynia Richard recommended termination for a Supervisor of Carpenters with the New York City Department of Education...

Political activities by public officers and employees and the Hatch Act

Posted on April 21, 2008
Political activities by public officers and employees and the Hatch ActAdapted from a NYS Ethics Commission advisoryNB. The New York Temporary State Commission on Lobbying and the New York State Ethics Commission have merged and are now the New York State Commission on Public Integrity...

Back pay award is based on salary of position to which employee was demoted

Posted on April 21, 2008
Back pay award is based on salary of position to which employee was demotedMatter of DeStefano v Board of Coop. Educ. Servs. of Nassau County, 2008 NY Slip Op 03454, Decided on April 15, 2008, Appellate Division, Second Department Karen DeStefano was dismissed for her position Teacher Aide of by the Board of Cooperative Educational Services of Nassau County after the BOCES adopted a Civil Service Law Section 75 hearing officer?s finding her guilty of misconduct and recommendation that she be terminated...

Resignation of a member of a three-person arbitration panel does not affect award

Posted on April 21, 2008
Resignation of a member of a three-person arbitration panel does not affect awardZeiler v Deitsch, CA2, 500 F.3d 157 The primary issues in these two appeals, which were heard in tandem, concern the narrow questions of whether, under the circumstances of this case: an arbitration panel composed of three arbitrators can proceed to make an award after one member has resigned from the panel; and the court order enforcing a judgment that confirmed the three-member panel?s earlier determination was valid...

Accepting job with a vendor while reviewing invoices submitted by the same vendor not permitted

Posted on April 21, 2008
Accepting job with a vendor while reviewing invoices submitted by the same vendor not permittedConflicts of Interest Board v Pentangelo, OATH Index No. 422/07, adopted The Conflicts of Interest Board adopted a recommendation by Administrative Law Judge Kevin Casey that the former Director of Engineering at the New York City Department of Transportation be fined $1,500 for violating the City Conflicts of Interest Law...

False entries on employee?s time card

Posted on April 21, 2008
False entries on employee?s time cardDepartment of Environmental Protection v Egonu, OATH Index No. 1944/07 Administrative Law Judge Julio Rodriguez recommended that an assistant civil engineer be terminated for making false entries on time sheets. Based on discrepancies between when Egonu?s arrival time was recorded by an automated access control card and the time he entered on the sign-in sheet, Egonu was found to have made 115 false entries on the sign-in sheet in a seven-month period...

Counseling memo placed in educator?s

Posted on April 21, 2008
Counseling memo placed in educator?s personnel file not a disciplinary actionAppeal of M.D. from action of the Board of Education of the Ramapo Central School District, Commissioner of Education Decision No. 15,623 M.D., a school district employee since 1978, complained that in 2006 the school superintendent placed a counseling letter in his personnel file concerning his alleged inappropriate behavior on three separate occasions...

Position classification and reclassification decisions not subject to arbitration

Posted on April 21, 2008
Position classification and reclassification decisions not subject to arbitrationMatter of City of Norwich v City of Norwich Firefighters Assn., Local 1404, Intl. Assn. of Firefighters, AFL-CIO, 43 A.D.3d 609, leave appeal denied, 9 N.Y.3d 814 The City of Norwich staffed its Fire Department with Firefighters and with ?per-diem Firefighters? following the City of Norwich Civil Service Commission?s approval the establishment of noncompetitive class positions of ?per-diem Firefighter...

Age discrimination

Posted on April 21, 2008
Age discriminationSource: NSBA Legal Clips; Free subscriptions available at www.nsba.org/legalclips. Reproduced with permission. Copyright © 2008, National School Boards Association. All rights reserved. NSBA has submitted an amicus brief to the U...

Nonmandatory subjects of collective bargaining and interest arbitration

Posted on April 21, 2008
Nonmandatory subjects of collective bargaining and interest arbitrationCity of Syracuse and Syracuse Firefighters Association Local 280, PERB U27053 The City of Syracuse complained that Local 280 violated §209a.2(b) of the Taylor Law by submitting nonmandatory items to interest arbitration...

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 ...