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.

Oct 15, 2018

Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issue

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Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the...
Oct 12, 2018

Questioning if the employer knew or should have known of its employee's propensity for sexual misconduct defeats the employer's motion for summary judgment

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Questioning if the employer knew or should have known of its employee's propensity for sexual misconduct defeats the employer's moti...
Oct 11, 2018

Terminating the services of a public officer following the expiration of his or her fixed term of office serving as a "hold-over" employee

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Terminating the services of a public officer following the expiration of his or her fixed term of office serving as a "hold-over...
Oct 10, 2018

Challenging a hearing officer's decision that concluded that an individual absent from work pursuant to §207-c of the General Municipal Law can perform certain light duty

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Challenging a hearing officer's decision that concluded that an individual absent from work pursuant to §207-c of the General Municipal...
Oct 9, 2018

Terminating the services of a public officer following the expiration of his or her fixed term of office serving as a "hold-over" employee

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Terminating the services of a public officer following the expiration of his or her fixed term of office serving as a "hold-over...

Suspension of an educator without pay upon being served with disciplinary charges of misconduct constituting physical or sexual abuse of a student after June 30, 2015

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Suspension of an educator without pay upon being served with disciplinary charges of misconduct constituting physical or sexual abuse of a ...
Oct 6, 2018

Using a whistle blowing defense in a disciplinary action

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Using a whistle blowing defense in a disciplinary action Crossman-Battisti v Traficanti, 235 A.D.2d 566 Under what conditions is it appropri...

Testing individuals for drugs

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Testing individuals for drugs Bassi v City of New York, 233 A.D.2d 269 Loder v City of Glendale, 14 Cal. 4th 846 The administration of drug...

Placing supervisors and subordinates in the same negotiating unit

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Placing supervisors and subordinates in the same negotiating unit CSEA and Genesee County, 29 PERB 3068 Is there any prohibition to mixing s...
Oct 5, 2018

Roundtable Discussion via the Internet: Navigating LGBTQ+ Issues in the Workplace

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Roundtable Discussion via the Internet: Navigating LGBTQ+ Issues in the Workplace Source: Wolters Kluwer Legal & Regulatory U.S   Notin...

Disallowing a workers' compensation claim based on the record as it then existed does not bar a claimant from submitting additional evidence to support the claim

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Disallowing a workers' compensation claim based on the record as it then existed does not bar a claimant from submitting additional evi...
Oct 4, 2018

Failure to name a necessary party dooms an appeal to the Commissioner of Education to dismissal

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Failure to name a necessary party dooms an appeal to the Commissioner of Education to dismissal Appeal of Jules J. Comeau, Decisions of the...
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