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BenchNOTES Newsletter

BenchNOTES - February 2015

Last Month's OATH Decisions

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Human Rights Law

Employer sexually harassed and retaliated against worker.

Home improvements contractor was found to have violated the City Human Rights Law (HRL) by sexually harassing an employee and firing her in retaliation for opposing the discriminatory treatment.    Comm'n on Human Rights ex. rel. Martinez v. Joseph "J.P." Musso Home Improvement, OATH Index No. 2167/14 (Feb. 27, 2015).

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Correction officer engaged in undue familiarity with inmate.

ALJ Kara J. Miller found that a correction officer had engaged in undue familiarity with an inmate by failing to notify the Department that her husband had been arrested and incarcerated on Rikers Island, by taking telephone calls from him on her post phone and cellphone while on duty, and by disclosing Department business to him during the calls.    Dep't of Correction v. Harris, OATH Index No. 2383/14 (Feb. 27, 2015).

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Prevailing Wage

Public works contractor failed to pay prevailing wages and benefits.

ALJ Alessandra F. Zorgniotti found that a public works contractor failed to pay prevailing wages and benefits to two employees for lead abatement work at the Neversink Hydroelectric Generating Plant in Sullivan County.   Office of the Comptroller v. New American Restoration, Inc., OATH Index No. 218/15 (Feb. 3, 2015), adopted, Comptroller's Dec. (Mar. 11, 2015).

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Real Property

Building is covered by Loft Law.

ALJ Ingrid M. Addison found that applicants established that three units were residentially occupied during the window period and their building is therefore covered as an interim multiple dwelling under the 2010 amendments to the Loft Law.    Matter of Becker, OATH Index No. 116/15 (Feb. 20, 2015).

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CDRB denies claims.

Contractor appealed from denials of two claims arising out of its contract to perform low voltage electrical work at the Croton Water Treatment Plant. First claim sought an additional $337,637 to cover costs due to improper work coordination relating to the installation of variable frequency drives (VFD claim).    Siemens Electrical, LLC v. Dep't of Environmental Protection, OATH Index Nos. 1303/15 & 1310/15, mem. dec. (Feb. 18, 2015).

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