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20 Apr 2011, 9:45 am by Dennis Crouch
Overrule Two-Step Process: The two-step test defined in KSM Fastening Sys., Inc. v. [read post]
16 Jul 2024, 6:00 am by Public Employment Law Press
Consequently, "overtime [*2]payments are not duly authorized or considered as salary within the meaning of General Municipal Law § 90 unless paid pursuant to 'an overtime plan setting forth in detail the terms, conditions and remuneration for such employment' " (Matter of Shames v Regan, 132 AD2d 743, 744 [3d Dept 1987] [emphasis omitted], quoting Matter of Murray v Levitt, 47 AD2d at 269; see Matter of Mowry v New York… [read post]
16 Jul 2024, 6:00 am by Public Employment Law Press
Consequently, "overtime [*2]payments are not duly authorized or considered as salary within the meaning of General Municipal Law § 90 unless paid pursuant to 'an overtime plan setting forth in detail the terms, conditions and remuneration for such employment' " (Matter of Shames v Regan, 132 AD2d 743, 744 [3d Dept 1987] [emphasis omitted], quoting Matter of Murray v Levitt, 47 AD2d at 269; see Matter of Mowry v New York… [read post]
30 Mar 2017, 9:30 am by The Public Employment Law Press
Hearing officer's applying an incorrect standard in making his or her determination requires the remanding of the matter for a new hearingMcGowan v New York State & Local Police & Fire Retirement Sys., 2017 NY Slip Op 01751, Appellate Division, Third DepartmentJames K. [read post]
11 Jul 2018, 4:20 am by Andrew Lavoott Bluestone
” “Here, the defendants met their burden by establishing, prima facie, that they did not fail to exercise the requisite skill and knowledge in their representation of the plaintiff (see Smith, Gambrell & Russell, LLP v Telecommunications Sys., Inc. [read post]
1 Aug 2016, 8:28 am
Court of Appeals for the 3rd Circuit 1973); Cadapult Graphic Sys., Inc. v. [read post]