Recently Asked Questions

Are public library systems and public libraries (association, municipal, special district, school district) required to pay prevailing wage? It is highly recommended to pay the prevailing wage for work done using the NY State Aid for Library Construction Program funds. What about other projects - like electrician, snow removal, plowing, and plumbing that do not go out to bid? How does one know if a contract is signed with a vendor - and that vendor decides to subcontract?

Is it dependent upon the 501 (C) status?

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

I heard that as of November 13, 2023, ALL employers in New York must notify an employee of the ability to apply for Unemployment Benefits upon "separation of employment" OR if their regular weekly hours are reduced to below 30.  I have several questions:

Is this true?

Does this new law really apply to ALL employers in New York (even a town or village public library)?

Does the new law apply even if the employee is resigning or retiring?

Does the new law apply to no-show employees or others who may have abandoned their employment?

Is there a form for this notice?

When does this notice have to be provided?

Why was this law passed?

Is there a model policy for this law?

Hello,

At [our] Public Library, we don't allow patrons to bring their bikes into the library. Our Teen Services Librarian suggested we purchase bike locks to loan patrons because often patrons, especially the teens/tweens, don't have bike locks and are nervous about leaving them outside unattended. We rent our space, so the park outside our Main Street entrance and the nearby bike "rack" (more of a giant U-bolt) is not ours.

So, I have a couple concerns:
*What is our liability if we provide a bike lock that fails or the bike rack fails?
*How do we ensure that our bike lock is accessible to those who have disability, from limited vision to fine motor skills impairment.

Within the context of recent regional school book challenges, much of the attention has been focused on print collections. However, librarians and school districts have started to look at digital content, too.

Sora is the K-12 platform used by many students and staff in NYS to access OverDrive content (as opposed to Libby, which is used by public library patrons). In Sora, content access levels can be implemented to restrict access to content.

Here is how OverDrive defines content access levels:

Content access levels let you control which types of users can view and borrow certain titles in your digital collection. Content access levels are customizable and can be different from the publisher-defined audience label.

Note: In the Libby app, users will be able to see all titles in your digital collection, regardless of content access levels. If a user tries to borrow a book that's restricted by content access level, the checkout won't be completed and the user will get an error message.

Content access levels are designed to let you manage access to titles based on age-appropriateness. Users are assigned a user type ("Adult," "Young Adult," or "Juvenile") when you set up authentication (for schools) or based on library card type (for libraries). Users can access titles at or below their access level:

"Adult" users can access all titles
"Young Adult" users can only access titles you label "Young Adult" or "Juvenile"
"Juvenile" users can only access titles you label "Juvenile"

A title's content access levels, which are assigned by you, may be different from the title's audience, which is assigned in its metadata by the publisher.
 

I am wondering if restricting digital access to content by grade level and/or to individual student could/would be another "creative work around" to limit access that may or may not be outside of board policy?

Background: On Jan 1, 2023 we instituted several changes to employee time off accrual policies. We constructed the new vacation accrual policies carefully and gave some of our more senior staff "legacy policies" in order to not decrease any current employee's vacation accrual rate. However, we DID institute a cap on the number of vacation hours an employee could bank at any given time (1/2 a year for FT staff, and 1/4 yr FTE for PT staff). We did this for two reasons: 1) to mitigate financial risk to our library in the event of unforeseen separations, when we pay out any unused vacation time, and 2) to encourage staff to take regular vacations, which prevents burnout and encourages us to understand each other's job responsibilities better when covering for someone else.

Unfortunately, the vacation cap has had some unintended consequences. Some staff members are reticent to take vacation and are bumping up against the cap each month, which effectively means their compensation is being reduced. Also, our PT staff work varying number of hours per week (20-32) but we don't prorate the PT vacation cap (for logistical reasons), which makes it difficult for staff who work close to FT hours to save up enough time to take a longer vacation, or multiple vacations in a relatively short period.

My legal question is: If we were to change our time off accrual policy to allow staff to bank as much vacation as they like but specify that upon separation they could only be paid out 'x' number of hours, could we be accused of wage theft?