New York Public Personnel Law: Labor & Employment Law

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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

Administration of the Civil Service Law

Posted on January 15, 2008
Administration of the Civil Service LawInformal Opinions of the Attorney General, 98-43The City of Geneva currently administers the Civil Service Law through a personnel officer. When asked for his views regarding the action necessary for the city to transfer the responsibility for the administration of the Law from its personnel officer to the County Civil Service Commission, the Attorney General advised the city attorney as follows:1...

The rule of three

Posted on January 15, 2008
The rule of threeHatala v McCaul, App. Div., First Dept., 253 A.D.2d 666, Motion for leave to appeal denied, 93 N.Y.2d 809Although Terry J. Hatala scored higher than a number of other applicants in a written test for promotion to Supervising Bank Examiner, he was passed over because he ?did not do as well as other eligible job aspirants in the evaluative interview conducted by the Banking Department?s promotion committee...

Taylor Law study commission proposed

Posted on January 15, 2008
Taylor Law study commission proposedAssembly 4110, The Public Employees' Fair Employment Act Study Commission. Assembly 4110, providing for the establishment of a study commission to review the Taylor Law was reintroduced by Member of the Assembly Robin Schimminger on January 9, 2008...

Arbitrator?s award vacated after being judged to violate strong public policy

Posted on January 15, 2008
Arbitrator?s award vacated after being judged to violate strong public policyNassau Co. v Sheriff?s Officers Association, Supreme Court, Nassau County, Justice Ralph P. Franco, [not officially reported]Vacating an arbitrator?s award is not an easy task...

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Accident report prepared by individual could prove crucial in claiming benefits

Posted on January 14, 2008
Accident report prepared by individual could prove crucial in claiming benefitsMatter of Canonico v Kelly, 2007 NY Slip Op 02611, decided on March 27, 2007, Appellate Division, First DepartmentThe importance of an individual filing a comprehensive accident report is demonstrated by the Canonico case...

Misclassification of Independent Contractors and Employees Can Be Expensive

Posted on January 14, 2008
Misclassification of Independent Contractors and Employees Can Be ExpensiveSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Rescinding a tenure appointment

Posted on January 14, 2008
Rescinding a tenure appointmentShaffer v Schenectady City School Dist., CA2, 2002 U.S. App. LEXIS 20463If an appointing authority claims that it made a mistake in taking or confirming a personnel action, may it rescind the action or correct the error if the individual voices an objection? This is the underlying issue in the Shaffer case...

Reading employee e-mail

Posted on January 14, 2008
Reading employee e-mailFraser v Nationwide Mutual Insurance Co., USDC, 135 F. Supp. 2d 623An employee uses his or her employer's computer equipment for personal business such as transmitting and receiving personal e-mail. Is the employee's "right to privacy" violated if the employer reviews the employee's e-mail that is stored in its computer system?District Court Judge Anita B...

Disciplinary action for misconduct off the job

Posted on January 14, 2008
Disciplinary action for misconduct off the jobRivera v Farrell, NYS Supreme Court, Justice Stallman, [not officially reported]From time to time an employee is served with disciplinary charges alleging that his or her off-duty conduct violated a rule or regulation of the employer...

Final administrative determination for the purposes of determining the statute of limitations

Posted on January 14, 2008
Final administrative determination for the purposes of determining the statute of limitationsSkiptunas v State of New York, App. Div., 3rd Dept, 290 A.D.2d 868The Court of Claims Act allows an individual to sue the State, provided he or she files a timely notice of claim or a notice of intention to file a claim...

Car Failure is Not an FMLA-Covered Serious Health Condition

Posted on January 14, 2008
Car Failure is Not an FMLA-Covered Serious Health ConditionSource: The FMLA Blog - http://federalfmla.typepad.com/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...

Agreeing to submit to random testing for unlawful drugs

Posted on January 14, 2008
Agreeing to submit to random testing for unlawful drugsGluck v Suffolk County Community College, Supreme Court, Ia Part 26, received January 4, 2002 [not officially reported]Joshua Gluck was terminated from his position of laborer by the Suffolk Community College [SCCC]...

LABOR & EMPLOYMENT LAW CASES

Posted on January 12, 2008
LABOR & EMPLOYMENT LAW DECISIONSSource: Findlaw ? A Thomson Company, Copyright �2008 by Findlaw, redistributed with permission. For subscription information go to: http://newsletters.findlaw.com/nl/U.S. 1st Circuit Court of Appeals, January 08, 2008Goulet v...

Department of Homeland Security REAL ID Final Rule

Posted on January 12, 2008
Department of Homeland Security REAL ID Final Rule The Department of Homeland Security has issued a final rule to establish minimum standards for state-issued driver?s licenses and identification cards in accordance with the REAL ID Act of 2005. These regulations set standards for states to meet the requirements of the REAL ID Act, including: information and security features that must be incorporated into each card; proof of identity and U...

Not all tasks performed while at work constitute the performance of official duties

Posted on January 11, 2008
Not all tasks performed while at work constitute the performance of official dutiesMatter of Martino v County of Albany, 2008 NY Slip Op 00153, Decided and Entered: January 10, 2008, Appellate Division, Third DepartmentChristopher J. Martino, a correction officer with the Albany County Sheriff's Department, was injured during his shift at the visitor observation booth in the visitation area of the Albany County Correctional Facility...

Applying the confidentiality provisions of Civil Rights Law �50-a

Posted on January 11, 2008
Applying the confidentiality provisions of Civil Rights Law �50-aMatter of Crowe v Kelly, 2007 NY Slip Op 02603, decided on March 27, 2007, Appellate Division, First DepartmentKieran Crowe, a New York City police lieutenant, was served with a notice of discipline setting out disciplinary charges and specifications based on allegations made by two of the sergeants he supervised...

Availability of absolute or qualified privilege in judicial and quasi-judicial actions

Posted on January 11, 2008
Availability of absolute or qualified privilege in judicial and quasi-judicial actionsRosenberg v Metlife, Inc, 2007 NY Slip Op 02627, decided on March 29, 2007, Court of Appeals, Graffeo, JThe Rosenberg case provides an opportunity to explore the issue of the ?qualified immunity? and the ?absolute immunity? of individuals in the public service sued for alleged libel or slander flowing from their performance of an official duty...

Known Availability of Unlimited Paid Leave Trumps Denial of FMLA Leave

Posted on January 11, 2008
Known Availability of Unlimited Paid Leave Trumps Denial of FMLA LeaveSource: The FMLA Blog - http://federalfmla.typepad.com/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 LitigationIn Santiago ...

Collective bargaining designation

Posted on January 11, 2008
Collective bargaining designationMatter of Malone Administrators Association, 31 PERB 3050The Malone Central School District assigned its newly established position of Special Education and Remediation Coordinator [SERC] to the collective bargaining unit represented by the Malone Federation of Teachers...

Certificate of relief from civil disabilities

Posted on January 11, 2008
Certificate of relief from civil disabilitiesInformal Opinions of the Attorney General, 98-50Every so often an individual seeking a position in the public service who has been convicted of a crime presents a Certificate of Relief from Civil Disabilities issued pursuant to Section 701 of the Corrections Law in connection with his or her application for appointment...

Termination of a probationer

Posted on January 11, 2008
Termination of a probationerJohnson v City of New York, App. Div., First Dept., 281 A.D.2d 322Elaine Johnson, a probationary employee, challenged her termination from her position as a Caseworker with the New York City Administration for Children's Services [ACS]...

Tenure by estoppel

Posted on January 11, 2008
Tenure by estoppelWamsley v East Ramapo Central School District, App. Div., Second Department, March 26, 2001 281 A.D.2d 633If a school board neglects to take timely action to discontinue the services of a probationary teacher or administrator, the individual will attain what is termed "tenure by estoppel...

Disciplinary action results in allegations of wrongful discharge

Posted on January 11, 2008
Disciplinary action results in allegations of wrongful dischargeCooks v NYC Transit Auth., App. Div., 289 A.D.2d 278Donald Cooks sued the New York City Transit Authority to recover damages, alleging that he was wrongful discharged from his employment because of his race...

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