Apr 17, 2020

The disability findings of the Social Security Administration does not trump the Retirement System's Medical Board's disability determination

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A teacher [Petitioner] filed an Article 78 challenging the decision of the Medical Board of the Teachers' Retirement System of the City ...
Apr 16, 2020

A statutory, constitutional or public policy prohibition bars the arbitration of a provision set out in a collective bargaining agreement

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As the Court of Appeals held in Matter of City of Johnstown [Johnstown Police Benevolent Assn., 99 NY2d 273,  a court undertakes a two-prong...
Apr 15, 2020

Workers’ Compensation Board adds COVID-19 Virus as a serious health condition for the purposes of Paid Family Leave

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The Workers’ Compensation Board added COVID-19 Virus as a serious health condition for the purposes of Paid Family Leave by means of its ...

Educator ineligible for unemployment insurance benefits between semesters after being assured of continued employment for the next semester

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§590(10) of New York State 's Labor Law provides that "professionals who are employed by educational institutions are precluded fr...
Apr 14, 2020

Employee found guilty of violating New York City's ethics rules fined $20,000

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The New York City Conflicts of Interest Board determined Plaintiff's teaching at the entity when he was scheduled to be working at DOE...
Apr 13, 2020

The penalty of termination held not so disproportionate to the offense so as to be shocking to one's sense of fairness” in light of the employee’s statement about “going postal”

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A hearing officer, after a hearing conducted pursuant to Civil Service Law §75, found a “firehouse maintainer” [Petitioner] guilty of certai...

Rescinding a resignation

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An individual's notice that he or she has decided to withdraw, cancel or rescind the resignation may be received by the appropriate offi...
Apr 10, 2020

Challenges to the exclusion of certain compensation in the calculation of a member of a retirement system's pension benefit must be timely filed

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Supreme Court granted the New York City Teachers' Retirement System's [CTRS] motion to dismiss an Article 78 action brought by a tea...
Apr 9, 2020

Employee terminate after violating employer zero drug policy

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New York City Fire Department [NYFD] filed disciplinary charges against an emergency medical technician [EMT] in its Emergency Medical Dispa...
Apr 8, 2020

Wearing a hearing aid is a reasonable accommodation under the circumstances

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Final order of respondent New York State Division of Human Rights (DHR), dated November 15, 2017, which adopted the recommended order of the...

Emergency rule making adopted by the State Comptroller addressing processing applications for retirement benefits during the COVID-19 state of emergency

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On March 7, 2020 the Governor of New York State declared a state of emergency due to the COVID-19 virus. An emergency adoption of this rule ...

An administrative decision made in the course of the exercise of discretion is not subject to judicial review

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An employee [Petitioner] asked the New York City Administration for Children's Services [ACS] to approve his use of “advanced and extend...