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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

Employees of an entity providing services to a school district pursuant to a contract are not employees of the school district

Posted on June 08, 2010
Employees of an entity providing services to a school district pursuant to a contract are not employees of the school districtHandley v New York State Teachers' Retirement Sys., 2010 NY Slip Op 04667, decided on June 3, 2010, Appellate Division, Third Department [5 proceedings]Brett A...

No Layoff Provision In Public Sector CBA Does Not Violate Public Policy

Posted on June 08, 2010
No Layoff Provision In Public Sector CBA Does Not Violate Public PolicySource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Incomplete medical certification is not a ?negative? certification for the purposes of the FMLA

Posted on June 08, 2010
Incomplete medical certification is not a ?negative? certification for the purposes of the FMLASource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2010. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr...

Suing for damages for a "line of duty injury" suffered in the course of performing firefighter and police officer duties

Posted on June 07, 2010
Suing for damages for a "line of duty injury" suffered in the course of performing firefighter and police officer dutiesAlcalde v Riley, 2010 NY Slip Op 04528, Decided on May 25, 2010, Appellate Division, Second DepartmentThe so-called Firefighters Rule, which has been extended to police officers,* bars firefighters and police officers from recovering for line of duty injuries that occur as a result of the specific risks inherent in performing the duties of firefighter or police officer...

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Applying the rule of three in selecting candidates on an eligible list for appointment

Posted on June 07, 2010
Applying the rule of three in selecting candidates on an eligible list for appointmentHatala 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...

Correction officer denied accidental disability retirement benefits

Posted on June 07, 2010
Correction officer denied accidental disability retirement benefitsSource: Law Offices of Kevin P. Sherrin, Civil Service Attorney Law Blog, http://civilservice.sheerinlaw.com/ Reproduced with permission. Copyright © 2010Matter of Richard Benedetto v Thomas DiNapoli, as State Comptroller [2010 NY Slip Op 04322]This Article 78 appeal was brought about to review a determination of the Comptroller denying petitioner his application for accidental disability retirement benefits...

Using and misusing employee bulletin boards

Posted on June 07, 2010
Using and misusing employee bulletin boardsSource: Source: AELE Law Enforcement Legal Center, http://www.aele.org/The AELE Law Enforcement Legal Center has posted an article concerning employee bulletin boards, stating that such boards are ?like a firearm in a desk drawer; they have been misused to post defamatory or demeaning content, giving rise to suits for racial or sexual harassment...

The anatomy of a disputed claim for GML §207-c benefits

Posted on June 04, 2010
The anatomy of a disputed claim for GML §207-c benefitsParker v Village of Johnson City, 2010 NY Slip Op 50957(U), Decided on May 26, 2010, Supreme Court, Broome County, Ferris D. Lebous [Not selected for publication in the Official Reports]The general guideline followed by court is considering an appeal from an administrative decision is that the court must confirm an administrative decision if there exists a rational basis for the determination, applying the standard set by the Court of Appeals in Pell v Board of Educ...

The other side of Freedom of Information laws: dealing with information requests from government agencies

Posted on June 04, 2010
The other side of Freedom of Information laws: dealing with information requests from government agenciesSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/Admin lawyers are often called in when a client gets served with a request for information from a government agency...

Workers? Compensation held the exclusive remedy available to an employee injured on the way to a work-related meeting

Posted on June 04, 2010
Workers? Compensation held the exclusive remedy available to an employee injured on the way to a work-related meetingSulecki v City of New York, 2010 NY Slip Op 04706, Decided on June 3, 2010, Appellate Division, First DepartmentRobert Sulecki, an engineer employed by the New York City Department of Design and Construction, was injured after tripping on a sidewalk adjoining a City-owned building while on his way to a work-related meeting...

Employee privacy in texting case to be decided by US Supreme Court

Posted on June 04, 2010
Employee privacy in texting case to be decided by US Supreme CourtSource: Posted on the Internet in CCH Workday [ http://www.employmentlawdaily.com/ ] Reproduced with permission. Copyright© CCH 2010, All rights reserved.*On December 14, 2009, the U.S...

Concerning name-clearing hearings

Posted on June 03, 2010
Concerning name-clearing hearingsBrowne v City of New York, 2010 NY Slip Op 04583, Decided on May 25, 2010, Appellate Division, Second Department [Browne II]In general, a name-clearing hearing is to provide an employee who claims that he or she has been ?stigmatized? by his or her employer with an opportunity to clear his or her name* The individual seeking such a hearing has the burden of proof in the proceeding...

Quid pro quo in the nature of the withdrawal of disciplinary charges not required to validate disciplinary settlement agreement

Posted on June 03, 2010
Quid pro quo in the nature of the withdrawal of disciplinary charges not required to validate disciplinary settlement agreementMatter of Newman v Fire Dept. of the City of New York, 47 A.D.3d 444Joseph P. Newman settled pending disciplinary charges filed against him by entering into a ?settlement agreement? with the New York City Fire Department...

Educator must establish ?the existence of a special relationship? to receive damages for injuries resulting from a fight involving students

Posted on June 03, 2010
Educator must establish ?the existence of a special relationship? to receive damages for injuries resulting from a fight involving studentsZimmerman v City of New York, 2010 NY Slip Op 04654, Decided on June 1, 2010, Appellate Division, First DepartmentApril Zimmerman, a New York City School District school psychologist, sued the District after she sustained a personal injury flowing from an altercation between two students...

Google analytics reports article concerning the State?s proposed §167-a amendment has had the greatest NYPPL readership ever

Posted on June 02, 2010
Google analytics reports article concerning the State?s proposed §167-a amendment has had the greatest NYPPL readership everSource: Google analytics statistical reportAs NYPPL?s June 1, 2010 posting concerning the proposed reduction in Medicare premiums to be reimbursed to Medicare eligible retirees participating in NYSHIP, the New York State Health Insurance Program for State and Local Governments, has been read by the greatest number NYPPL readers ever recorded by Google in a single day, it is being retained as the lead posting for another day...

MySpace or other social networking sites as a new source of impeaching evidence

Posted on June 02, 2010
MySpace or other social networking sites as a new source of impeaching evidenceSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Reduction of Medicare premiums reimbursed to retirees in NYSHIP, the NY State Health Insurance Program for State and Local Government, proposed

Posted on May 31, 2010
Reduction of Medicare premiums reimbursed to retirees in NYSHIP, the NY State Health Insurance Program for State and Local Government, proposedSource: The NYS Legislative Retrieval Service - Assembly 9706-BNYPPL notes the introduction of Assembly 9706-B, a measure that proposes an amendment to Civil Service Law §167-a that is a draconian in nature and ignores completely the underlying reasons why §167-a was proposed and enacted into law in 1966...

State barred from initiating or enacting legislation authorizing the furloughing of State workers

Posted on May 29, 2010
State barred from initiating or enacting legislation authorizing the furloughing of State workersDonohue et al v Paterson, USDC, Northern District of New York, 1:10-CV-00543 (LEK/DRH) [Filed May 28,2010]Federal District Court Judge Lawrence E. Kahn ruled that the CSEA and the other unions suing the State in an effort to bar the furloughing of State workers ?have met their burden of showing irreparable harm and a substantial likelihood on the merits of their claim...

Appellate Division lacked ?discretionary authority? to vacate the disciplinary penalty imposed by the appointing authority

Posted on May 28, 2010
Appellate Division lacked ?discretionary authority? to vacate the disciplinary penalty imposed by the appointing authorityMatter of David Torrance v Joseph A. Stout, 9 NY3d 1022David Torrance was employed a Park Foreman by the Westchester County Department of Parks, Recreation and Conservation...

Tainted testimony a basis for overturning a disciplinary determination

Posted on May 28, 2010
Tainted testimony a basis for overturning a disciplinary determination Buric v Safir, App. Div., 285 A.D.2d 255, leave to appeal dismissed, 98 NY2d 688John Buric, a New York City police officer, found guilty of administrative disciplinary charges of assault and lying, was dismissed from his position...

Early Retirement Incentive proposal approved

Posted on May 28, 2010
Early Retirement Incentive proposal approvedSource: Office of the GovernorOn May 28, 2010, Governor David A. Paterson reported that the State Legislature passed his bill authorizing an early retirement incentive. This bill, said the Governor, will provide State agency and local governments ?with an additional mechanism to achieve necessary workforce cost savings...

Administrative Law Judge finds no ?exceptional circumstances? justifying agency placing its employee on §72 leave involuntarily

Posted on May 27, 2010
Administrative Law Judge finds no ?exceptional circumstances? justifying agency placing its employee on §72 leave involuntarilyNew York City Administration for Children?s Service v J.M., OATH Index #3350/09OATH Administrative Law Judge Tynia Richard found that written complaints sent to various agencies, without threats or inappropriate language, were insufficient to prove that special officer J...

Case summaries posted on other Law Blogs

Posted on May 27, 2010
Case summaries posted on other Law BlogsSource: Jackson Lewis Legal Updates, http://www.jacksonlewis.com/legalupdates/default.cfmNew York Holds Faragher-Ellerth Defense Unavailable Under New York City Human Rights Law [posted by Jackson Lewis, Albany, New York]A critical affirmative defense to workplace harassment claims available to employers under federal law is not available to New York City employers for similar claims brought under the New York City Human Rights Law ("NYCHRL"), New York State's highest court has ruled...

Probationary employee terminated after making false statement concerning a pre-employment incident

Posted on May 27, 2010
Probationary employee terminated after making false statement concerning a pre-employment incidentMatter of Duncan v Kelly, 9 NY3d 1024New York City Police Department's Internal Affairs Bureau (IAB) conducted an interview probationary police officer Myron Duncan about a credit card incident that implicated his cousin in criminal activity that occurred prior to his appointment...

Negotiating contract disciplinary procedures

Posted on May 26, 2010
Negotiating contract disciplinary proceduresMt. Vernon v PERB, 289 A.D.2d 674, motion for leave to appeal denied, 97 N.Y.2d 613In considering the appeal of the City of Mt. Vernon, the Appellate Division ruled that under certain circumstances negotiating a contract disciplinary procedure is not a mandatory subject of collective bargaining under the Taylor Law...

Failure to extend a contract of employment in the public service

Posted on May 26, 2010
Failure to extend a contract of employment in the public serviceVoss v Rockland County Community College, 38 A.D.3d 880When Thomas Voss? contract as Acting President of the Rockland Community College was not extended beyond its fixed date of expiration, he sued to ?recover damages for breach of contract...

Public employers cannot violate Civil Service Law §209-a.2(a), which addresses improper employee organizations practices

Posted on May 26, 2010
Public employers cannot violate Civil Service Law §209-a.2(a), which addresses improper employee organizations practicesAngela Fail-Maynard and Long Beach City School District and Long Beach Administrators? Union, Decisions of the Director #29565The Director dismissed the charge, as amended, against the District ruling that public employers cannot violate Civil Service Law §209-a...

Video evidence used in disciplinary hearing

Posted on May 26, 2010
Video evidence used in disciplinary hearingHealth and Hospitals Corp. v Goodman, OATH Index #1632/07In an employee discipline case, video evidence established a special officer permitted a psychiatric patient to be admitted with his belt and shoelaces and made a lengthy personal phone call...

Confrontations with a superior results in the loss of vacation leave accruals

Posted on May 25, 2010
Confrontations with a superior results in the loss of vacation leave accrualsMuniz v Giuliani, 282 A.D.2d 246The Appellate Division, First Department, sustained the penalty of a suspension without pay for twenty days imposed on New York City police officer Clifford Muniz after Muniz was found guilty of continuing to argue with his desk sergeant after the sergeant had instructed him to leave the precinct house following the morning roll call and the assignment of duties...

Case summaries posted on other Law Blogs

Posted on May 25, 2010
Case summaries posted on other Law BlogsSource: Jackson Lewis Legal Updates http://www.jacksonlewis.com/legalupdates/default.cfmSecond Circuit Rules Failure to Investigate Discrimination Complaint Not Adverse Employment Action [posted by Jackson Lewis, Albany, NY]Affirming summary judgment for the employer in a race discrimination and retaliation action, the federal appeals court in New York has held that, under the circumstances, the employer's failure to investigate a complaint of alleged employment discrimination is not an adverse employment action...

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