13 Sep Change to NYS Civil Service Law Section 75
KEEPING YOU INFORMED…
We are writing to advise you that Civil Service Law Section 75 has been amended to include labor class employees with five years of continuous service.
As you may know, Section 75 describes the rights and procedures with regard to the discipline of employees in the classified civil service; i.e., employees holding competitive, noncompetitive, labor or exempt class positions. Employees covered by Section 75 may not be removed or otherwise subjected to any formal disciplinary penalty until found guilty after a hearing upon written charges. If found guilty, Section 75 sets forth the penalties that may be imposed upon the employee (a reprimand, a fine not to exceed $100, suspension without pay for up to 60 days, demotion in grade and title, or dismissal).
Prior to September 7, 2018, employees holding labor class positions were excluded from Section 75 unless they were covered veterans or exempt volunteer firefighters or given this protection by a collective bargaining or similar agreement. Effective September 7, 2018, Section 75 applies to labor class employees with five years of continuous service. Labor class employees who are veterans or exempt volunteer firefighters continue to immediately gain protection upon attaining permanent status.
As a result of this amendment, you may need to modify your personnel policies and should, at a minimum, review your personnel records to determine whether you wish to take disciplinary action against any of your labor class employees who, as a result of the legislation, will now be gaining Section 75 rights. If you would like assistance with implementing this amendment, please contact Alyson Mathews or one of our other attorneys at 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2018