Search for: "Brown v. Employment Division"
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7 Jun 2021, 6:47 am
The failure to establish a causal nexus between protected whistleblowing activity and the termination of her employment was the demise of plaintiff’s whistleblowing claim in a recently issued Appellate Division opinion in Brown v. [read post]
14 Mar 2011, 4:08 am
A public employer may not unilaterally discontinue a past practice but must negotiate any proposed change with the appropriate employee organization Matter of Meegan v Brown, 2011 NY Slip Op 01158, Appellate DivisionThe City of Buffalo appealed the denial of its Article 75 motion seeking a stay of arbitration to address a grievance filed by Buffalo Police Benevolent Association President Robert P. [read post]
28 Nov 2016, 12:21 pm
Brown v. [read post]
28 Nov 2016, 12:21 pm
Brown v. [read post]
30 Aug 2015, 11:56 am
Even though the NLRA and the FLSA embody different tests for identifying employer-employee relationships (common law v. eceonomic realities), the Wage and Hour Division will undoubtedly cite the NLRB’s expanded view of who can be a “joint employer” to support the Wage and Hour Division’s expected further efforts to expand the range of parties that may be found responsible for wage and hour violations. [read post]
7 Nov 2014, 7:02 am
Recent ruling by the Appellate Division concerning alleged unlawful discriminationBrowne v Board of Educ, 2014 NY Slip Op 07465, Appellate Division, Second DepartmentMatter of Katz (Commissioner of Labor), 2014 NY Slip Op 07556, Appellate Division, Third DepartmentThe Browne decision:This decision by the Appellate Division illustrates the shifting of a party’s “burden of going forward” in litigating a complaint alleging unlawful… [read post]
27 Apr 2012, 11:44 am
Supreme Court’s ruling in Concepcion [as was concluded by its sister Division in Brown v. [read post]
17 Feb 2011, 12:21 pm
’ ” (Brown v. [read post]
28 Apr 2011, 4:26 am
Termination for violating the employee’s “last chance agreement” disqualifies individual for unemployment insurance benefitsMatter of Brown v Lincoln Ctr. for The Performing Arts, Inc., 2011 NY Slip Op 02982, Appellate Division, Third Department Gloria Brown worked for as a security guard at a performing arts center for more than nine years. [read post]
21 Mar 2009, 11:16 am
In Fred Brown v. [read post]
3 Jun 2010, 7:55 pm
She was removed from this position without a hearing and placed in a lower grade position with the System, associate staff analyst.Browne sued in an effort to obtain a court order compelling the appointing authority to give her a name-clearing hearing.Although Supreme Court dismissed her petition, the Appellate Division modified the lower court’s determination and granted her petition with respect to its demand for a name-clearing hearing [Browne v City of New York,… [read post]
14 Feb 2014, 11:44 am
The New York Appellate Division, Fourth Department, recently held in Brown & Brown v. [read post]
15 Jun 2016, 11:28 pm
The case of Brown v. [read post]
20 Sep 2007, 3:00 am
Shively v. [read post]
10 Jul 2015, 6:37 am
We blogged last year regarding a decision of the New York Appellate Division, Fourth Department in Brown & Brown, Inc. v. [read post]
10 Jul 2015, 6:37 am
We blogged last year regarding a decision of the New York Appellate Division, Fourth Department in Brown & Brown, Inc. v. [read post]
3 Jan 2024, 6:00 am
" In contrast, the Appellate Division held that "despite the lenient pleading standard governing employment discrimination cases, the complaint fails to state a cause of action for sex discrimination under the New York State Human Rights Law because it contains no factual allegations giving rise to an inference of discrimination," citing Brown v City of New York, 188 AD3d 518, [read post]
3 Jan 2024, 6:00 am
" In contrast, the Appellate Division held that "despite the lenient pleading standard governing employment discrimination cases, the complaint fails to state a cause of action for sex discrimination under the New York State Human Rights Law because it contains no factual allegations giving rise to an inference of discrimination," citing Brown v City of New York, 188 AD3d 518, [read post]
20 Dec 2010, 2:48 am
The Brown and Knight decisions by the Appellate Division, Fourth Department, involved just such reviews.The Brown decision:The Brown decision illustrates the application of the so-called Pell doctrine [Pell v Board of Education, 34 NY2D 222] which bars the imposition of a disciplinary penalty that the court determines is disproportionate to the offense or offenses for which the employee was found guilty.Penn Yan Central School District custodian James… [read post]
16 Feb 2011, 3:35 am
Public employee not always entitled to a name-clearing hearingBrown v Simmons, 478 F.3d 922The lesson in Brown v Simmons is that a public employee is not entitled to a name-clearing hearing to rebut statements of a defamatory nature except when he or she has been terminated by the employer. [read post]
