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 in particular and possibly in other jurisdictions in general.

Apr 22, 2011

Crediting prior public service upon reemployment by a public employer

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Crediting prior public service upon reemployment by a public employer Cherniak v Office of Court Administration, 269 A.D.2d 680 From time to...

Eligibility for overtime

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Eligibility for overtime Spradling v City of Tulsa, CA10, 95 F.3d 1492 The U.S. Circuit Court of Appeals for the Tenth Circuit has rejected ...
Apr 21, 2011

Individual’s “lack of remorse and refusal to take responsibility” for misconduct considered by the court in affirming hearing officer’s disciplinary determination

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Individual’s “lack of remorse and refusal to take responsibility” for misconduct considered by the court in affirming hearing officer’s disc...

Independent Contractors vs. Employees

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Independent Contractors vs. Employees Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permissi...

Assignment of personnel

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Assignment of personnel Westchester Co. v Westchester Co. Correction Officers Benev. Asso., Inc., 269 AD2 528 Sometimes an arbitrator will m...
Apr 20, 2011

Employment at will

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Employment at will DiLacio v New York City District Council of United Brotherhood of Carpenters & Joiners of Am., 2011 NY Slip Op 00175,...

Contracting out a negotiating unit's work

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Contracting out a negotiating unit's work Vestal Employees Asso., NEA/NY v Vestal CSD, 94 N.Y.2d 409 Management may attempt to “contract...

Filing of disciplinary charges against an employee must timely

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Filing of disciplinary charges against an employee must timely Transit Authority v Campbell, OATH Index No. 343/00 As a general rule, a stat...

Injury at the worksite

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Injury at the worksite Crockett v Safir, 269 AD2 227 Donna Crockett, a New York City police officer, was injured while on duty. She was “bru...
Apr 19, 2011

Negotiating paid religious holidays

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Negotiating paid religious holidays Port Washington UFSD v Port Washington TA, App. Div., 268 AD2d 523; motion to appeal dismissed, 95 NY2d ...

Disclosure of a public agency’s "policies, procedures, rules and regulations”

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Disclosure of a public agency’s "policies, procedures, rules and regulations” Sabilia v State of New York, 14 Misc.3d 1228(A) Peter Sab...

Joint employers

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Joint employers Putnam County Sheriff’s OMA v Putnam County, 33 PERB 3001 Who is the employer of the personnel serving with the Putnam Count...
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