Friday, October 29, 2010
The central issue in this case concerned a teacher’s eligibility for Jarema credit for the purposes of granting tenure. As the decision demonstrates, determining whether an individual qualifies for Jarema credit is not always an easy task.
Thursday, October 28, 2010
In 1988 the state amended the Retirement and Social Security Law to change the mandatory age of retirement for certain members of the Police and Firefighters’ Retirement System [PFRS] from age 60 to age 57 [Chapter 795 of the Laws of 1988]. A State Police Officer challenged the requirement that he retire from his position upon his attainment of age 57.
A school risks violating the Establishment Clause of the U.S. Constitution if any of its teachers’ activities give the impression that the school endorses a religion. But how far can a school board go in limiting a teacher’s classroom speech on religious issues before it tramples on another Constitutional guarantee: the right to free expression?
Wednesday, October 20, 2010
Where Civil Service rules so provide, a resignation may not be withdrawn without the consent of the appointing authority. This was the lesson that a food service worker learned when she attempted to rescind her letter of resignation.
Thursday, October 07, 2010
It is not unusual for an employee placed on disability leave pursuant to Section 72 of the Civil Service Law to allege that his or her employer’s action in placing the individual on such leave constituted unlawful discrimination because of a disability. In this case, national origin discrimination was claimed to have motivated placing the employee on “an involuntary medical leave” that eventually resulted in the employee's being placed on Section 72 leave.
Monday, October 04, 2010
The designation of managerial and confidential employees within the meaning of the Taylor Law is important to both employers and unions. In this case the Appellate Division set out the criteria courts follow in reviewing determinations by the Public Employment Relations Board [PERB] concerning the designation of such personnel.
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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