Recently Asked Questions

The library is using NYS Archives and Civil Service references to set personnel and payroll files records retention and disposition.

A question arose regarding employee rights to request removal of materials from personnel records.

The committee’s question was specifically about removal of a negative matter after the minimum required retention time had elapsed.

In this instance there was no question about the accuracy of the record nor was there litigation involved or anticipated.

Hi!

What is the order of due process in a local library for employees?
Which laws/policies apply most in advocating employee rights?

• Federal Employee Law
• NYS Civil Service Law
• County Civil Service Law/policy
• NYS Public Library Law
• Individual Library policies and contracts

Please let me know.

Thank you!

Are municipal public libraries obligated to provide retirement benefits for all employees? Does the library board need to approve a motion to provide retirement benefits for all employees or selected employees? Does the number of hours pertain? Or does the employee qualify for state retirement system benefits through the municipality? Again - is it based upon hours worked?

It is not uncommon in small non-profits and higher education institutions to find an employment class called Salaried/Non-Exempt. If this person is not paid annually above the minimum salaried/exempt threshold AND their standard work hours fall below 40 hours, what are the laws governing the hours between standard work hours and 40 per week, and how are they applied?

For example: A library manager paid $32,000 per year, paid bi-weekly whose standard work week is 32 hours. If this manager works above 32 hours but less than 40, the library pays the manager compensatory time. 

How long after the accrual of this time is the library legally required to pay for the hours worked - either through time used or in money? 
And if in money, is it the hourly rate gained by annual "salary" / (standard work hours x 52)?

Finally, what if the library manager sought compensatory time over financial compensation as the better benefit? Do they have a choice?

Is it possible for a municipal library and an association library to share one employee? The association library would handle payroll and manage benefits, the municipal library would pay the association library their percentage for the employee's time. Could this happen with two association libraries and one municipal library? Individually, our libraries are unable to offer full-time with benefits, but collaboratively, we could provide a full-time position. What are the legal steps to creating such a job share?