BenchNOTES - February 2018

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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BenchNOTES Newsletter


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Personnel

Unfitness allegation dismissed.

A highway transportation specialist was charged with being unfit to perform the duties of his position due to singing in the workplace and other disruptive behavior.

Dep’t of Transportation v. M.S., OATH Index No. 2524/17 (Feb. 2, 2018), adopted, Comm’r Dec. (Mar. 23, 2018).

Read more about Dep’t of Transportation v. M.S.

Paid Sick Leave Law

Employer violated law.

In a default proceeding, ALJ Spooner found that an employer violated the Paid Sick Leave Law by failing to respond to two document demands and by failing to provide an employee with requested sick leave.

Dep’t of Consumer Affairs v. RHCG Safety Corp., OATH Index No. 1027/18, mem. dec. (Feb. 28, 2018).

Read more about Dep’t of Consumer Affairs v. RHCG Safety Corp.

Licensing

Positive drug test unknowing ingestion defense.

A taxi driver who tested positive for codeine claimed that he did not knowingly use the drug.

Taxi and Limousine Comm’n v. Wakefield, OATH Index No. 1315/18 (Feb. 15, 2018).

Read more about Taxi and Limousine Comm’n v. Wakefield

Vehicle Retention

PD ordered to return seized car.

The Police Department seized a vehicle in connection with the owner’s arrest for firearm possession.

Police Dep’t v. Nurse, OATH Index No. 1729/18, mem. dec. (Feb. 23, 2018).

Read more about Police Dep’t v. Nurse