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 11, 2019

Audits issued by the New York State Comptroller during the week ending October 11, 2019

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On October 9, 2019  New York State Comptroller Thomas P. DiNapoli announced the following audits and examinations have been issued. Click o...
Oct 9, 2019

Professor M. Stanley Whittingham joins other SUNY faculty members who have been awarded the Nobel Prize

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On October 9, 2019 New York 's Governor Andrew M. Cuomo congratulated SUNY at Binghamton Distinguished Professor M. Stanley Whittingha...

Hearing officer recommends the dismissal of a food service manager found guilty of failure to properly supervise subordinates and other misconduct

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A school food service manager was charged with failure to supervise her staff to ensure that potentially unsafe food was not served to stude...
Oct 8, 2019

Providing disabled individuals access to the Internet

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In Robles v. Domino Pizza, 913 F. 3d 898, *     the United States Court of Appeals held    that Title III of the  American With Disabilities...

Do you employ temporary personnel to serve as election workers?

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Each election year, thousands of state and local government entities hire workers to conduct primary and general elections. Compensation pai...

New York laws bar asking prospective employees about their salary history and expands the definition of "equal pay for equal work"

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In a press release issued October 7, 2019, New York State Governor Andrew M. Cuomo reminded all employers - public and private - who do busi...
Oct 7, 2019

Relying on hearsay evidence in an administrative proceeding

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Although the New York State and Local Police and Fire Retirement System [System] conceded that the injury suffered by an applicant for accid...
Oct 5, 2019

New York State Comptroller Thomas P. DiNapoli's audit finds that residents of many long-term care facilities in the state lack access to ombudsman services

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Under the federal Older Americans Act of 1965, to be eligible for certain federal grants, each state is required to establish an Office of t...
Oct 4, 2019

Applying the terms of a settlement agreement settling a disciplinary action

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During the course of Plaintiff's disciplinary hearing Plaintiff, represented by counsel, entered into a settlement agreement with the ap...
Oct 3, 2019

Disciplinary penalty imposed on an individual found guilty of disciplinary charges challenged as being too lenient

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Courts frequently are asked to review a penalty imposed by an appointing authority following a disciplinary action. Typically such actions a...
Oct 2, 2019

Considering Title VII complaints based on the Continuing Violation Doctrine and allegations of Disparate Treatment

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Plaintiff-Appellant [Plaintiff] sued his current employer, the New York State Department of Taxation and Finance [NYSTF] pursuant to Title V...
Oct 1, 2019

Authority to modify or vacate an arbitration award may be limited by the terms of a collective bargaining agreement

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A  collective bargaining agreement between the parties provided that if an employee was found guilty of charges involving an assault, the ap...
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