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8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
11 Aug 2022, 5:01 am by Eugene Volokh
Under that test, an employee's speech could be restricted if the "employee's speech interests are outweighed by the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees. [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
Clearly this is counter production, especially in a layoff situation where the abolishment of positions usually undertaken to reduce the employer’s personnel service costs.[22] The selection of individuals for appointment to positions in the several jurisdictional classes of positions in the classified service -- the competitive class, the non-competitive class, the exempt class and the labor class – reflect the requirements of Article V, §6 of the New York… [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
Clearly this is counter production, especially in a layoff situation where the abolishment of positions usually undertaken to reduce the employer’s personnel service costs.[22] The selection of individuals for appointment to positions in the several jurisdictional classes of positions in the classified service -- the competitive class, the non-competitive class, the exempt class and the labor class – reflect the requirements of Article V, §6 of the New York… [read post]
17 Jun 2021, 7:02 am by Second Circuit Civil Rights Blog
The company argued that it used business judgment in making these hiring decisions, and that it had a policy of not rehiring employees into lesser titles that would amount to demotions for the candidate.The Court of Appeals (Walker, Park and Nardini) held as follows: first, it noted that the Second Circuit stated in Byrnie v. [read post]
10 Feb 2021, 2:01 am by Tim Reed, FordHarrison
” In addition, the EEOC has stated that “the ministerial exception applies to employees who perform ‘vital religious duties’ at the core of the mission of the religious institution. [read post]
5 Oct 2020, 7:01 am by Julia Riechert
For employers who employ first responders, medical personnel, and certain personnel who work at health care facilities, the statute provides that any one of these employees who tests positive for COVID-19 on or after July 6, 2020, is entitled to a presumption that illness or death resulting from COVID-19 arose in the course of his or her employment, as long as the employee tests positive for COVID-19 within 14 days of working at his or her place of employment.[14]… [read post]
26 May 2020, 12:00 pm by Public Employment Law Press
[PBA], as the exclusive bargaining representative for certain employees in a negotiating unit, and the State of New York [Petitioner] had entered into a collective bargaining agreement [CBA] covering unit personnel that included contract articles addressing winter work schedules, summer work schedules and, as pertinent here, provisions concerning seniority and vacancies, modifying unit members' shifts, and contract grievance procedures. [read post]
26 May 2020, 12:00 am by Public Employment Law Press
[PBA], as the exclusive bargaining representative for certain employees in a negotiating unit, and the State of New York [Petitioner] had entered into a collective bargaining agreement [CBA] covering unit personnel that included contract articles addressing winter work schedules, summer work schedules and, as pertinent here, provisions concerning seniority and vacancies, modifying unit members' shifts, and contract grievance procedures. [read post]