New York Public Personnel Law

Oct 1, 2020

Sisters admit theft of $22,000 of their deceased mother's New York State pension payments

State Comptroller Thomas P. DiNapoli and Westchester County District Attorney Anthony A. Scarpino, Jr. announced the convictions of two sisters alleged to have concealed the death of their mother in order to unlawfully obtain nearly $22,000 from the Retirement System following her death.

The two Westchester County residents each pleaded guilty to one count of felony grand larceny in the fourth degree.* In addition, the sisters have judgments against them to repay the stolen Retirement System funds.

The Comptroller said "[t]hose who try to scam the retirement system will be held accountable" and thanked Westchester County D.A. Scarpino, Jr. "for prosecuting these thefts.”

It was reported that both are to appeared before Westchester County Court Judge David Zuckerman on January 6, 2021, for sentencing.

Individuals may report alleged fraud involving public monies to the State Comptroller by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a report of such allegations to the Office of the State Comptroller, Division of Investigations, 14th Floor, 110 State St., Albany, NY 12236, or by reporting alleged misconduct using the Internet [investigations@osc.state.ny.us].

Westchester County District Attorney Scarpino, Jr. leads the second largest district attorney’s office in New York State. Individuals may email the District Attorney's Office [info@westchesterda.net] to report allegations of fraud involving public funds.

* New York State Penal Code Article 155, posted on the Internet at http://ypdcrime.com/penal.law/article155.htm

Sep 30, 2020

Worker Classification - employee or independent contractor - Internal Revenue Service Webinar scheduled for October 7, 2020

The Tax Exempt and Government Entities Division of the Internal Revenue Service has issued a reminder inviting interested individuals who have not already done so should click here to registerfor the free Worker Classification Webinar to be held on October 7, 2020 at 1:00 p.m. (ET).

This Webinar is designed to help government entities and not-for-profit organizations understand the definition of an employee and determine whether a particular worker is an employee or an independent contractor.*

The Webinar will also cover IRS Form SS-8, Classification Settlement Agreements, and what to do if an individual is determined to be an employee.

Questions may be submitted to TEGE.outreach@IRS.gov inserting as the subject line:

Pre-submitted questions for the Workers Classification Webinar (October 7).

Questions submitted will be answered as time permits.

Additional information is posted on the Internet at: Webinars for Tax Exempt & Government Entities.

* See, also, https://publicpersonnellaw.blogspot.com/2014/12/determining-if-individual-is-employee.html

Sep 26, 2020

Lucha contra la mala conducta en el trabajo

Lucha contra la mala conducta en el trabajo: los empleadores pueden poner a disposición de su personal una "aplicación" (la aplicación #NotMe) que permite la presentación fácil y oportuna de quejas de presunta mala conducta del supervisor o compañero de trabajo a los oficiales de personal, equipos de recursos humanos, oficiales de cumplimiento o individuos designados. Haga clic en https://www.not-me.com/organizationspara obtener información sobre este programa.

Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.