BenchNOTES Newsletter

BenchNOTES - February 2017

Last Month’s OATH Decisions

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Paid Leave Sick Law

Employer fined $1000 for failure to produce documents.

The Paid Sick Leave Law was enacted to ensure that employees can take time off work to address their health needs or the health needs of family members.

Dep’t of Consumer Affairs v. Sky Materials Corp., OATH Index No. 830/17, mem. dec. (Feb. 7, 2017).

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Licensing

Engineer loses filing privileges for false filings.

A professional engineer was charged with knowingly or negligently making false statements in applications filed with the Department of Buildings (“DOB”) and with displaying a lack of knowledge of applicable laws because he submitted applications which called for work which was prohibited by the Zoning Resolution, the Multiple Dwelling Law or the Administrative Code.

Dep’t of Buildings v. Schnall, OATH Index No. 2750/15 (Feb. 10, 2017), modified on penalty, Comm’r Dec. (Feb. 21, 2017).

Personnel

Persistent unwillingness to perform tasks was incompetence.

A tax auditor was charged with misconduct and incompetence for performing her duties in an inefficient manner, being discourteous to her supervisor, and time and leave violations.

Dep’t of Finance v. Kateme, OATH Index No. 728/17 (Feb. 2, 2017).

Contracts

CDRB denies claim on tree planting contract.

Contractor sought an additional payment of $1,273,781, plus interest, arising from a contract to plant trees. The Contract Dispute Resolution Board (“CDRB”), chaired by ALJ Kevin F. Casey, denied the claim.

Mana Construction Group, Ltd. v. Dep’t of Parks & Recreation, OATH Index No. 2335/16, mem. dec. (Feb. 10, 2017).