New York Public Personnel Law

Jun 29, 2023

New York City contractor found to have failed to pay prevailing wages to employees working public works projects

New York City's Office of Administrative Trials and Hearings Administrative Law Judge Faye Lewis found that a contractor working on public works projects in the City of New York had failed to pay certain of its employees the "prevailing wage rates.

Judge Lewis recommended payment of restitution to the workers, imposition of a 25% civil penalty, and a five-year debarment form bidding on public works projects consistent with the provisions of New York State's Labor Law §220-b(3)(b)(1)].

Section 220* of the Labor Law provides that entities that enter into public works contracts with the City must pay their employees “not less than the prevailing rate of wages” for work on the public works projects and set out penalties to be paid by a contractor who willfully failed to pay prevailing wages and supplemental benefits to the contractor's workers employed to work on public works projects.

Judge Faye Lewis, in finding the workers were employed to work on public works projects, rejected the contractor's claim that the workers were warehouse workers and credited the worker's testimony about their performing their work "in the field".

* Section 220.3 of the Labor Law provides that entities that enter into public works contracts must pay their employees “not less than the prevailing rate of wages” for work on the public works projects".

Click HERE to access the full text of Judge Lewis' findings and recommendation in OATH Index No. 2174/21.

Jun 28, 2023

Entitlement to paid COVID related quarantine leave requires an inquiry into the specific circumstances surrounding such request for leave

Petitioners in this combined proceeding pursuant to CPLR Article 78 and action for declaratory judgment, challenged the employer's determinations regarding the individual petitioners' paid leave requests after a period of quarantine or isolation due to COVID-19. The employer moved to dismiss the petition.

Citing Matter of Spence v New York State Off. of Mental Health, 211 AD3d 1430, the Appellate Division held that "the determination as to whether an individual ... is entitled to paid quarantine leave requires an inquiry into the specific circumstances surrounding such request for leave".

Click HERE to access the Appellate Division's decision posted on the Internet.

Jun 27, 2023

U. S. Supreme Court declined to review 4th Circuit decision striking down charter school's dress code

On June 26, 2023, the United States Supreme Court declined to consider a North Carolina charter school's challenge of an appeals court's ruling striking down the charter school's dress code requiring its female students to wear skirts while attending school.

"The 4th U.S. District Court of Appeals threw out the dress code, ruling that North Carolina charter schools are "state actors" working on the government's behalf, so they can't impose rules that won't fly in traditional public schools. The ACLU and several parents of female students had sued Charger Day School, which emphasizes "traditional values" and gets 95% of its funding from the state, arguing that its dress code violated the Constitution's equal protection clause and federal anti-discrimination law, Title IX."

Source: Politico, NPR

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.