OATH Recent Decisions

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Personnel

ALJ Julia Davis recommended termination of employment for a behavioral health associate who was charged with gross misconduct for striking a patient in the face, and excessive absenteeism for being absent from work on 17 occasions. Respondent had attempted to stop a patient from banging on the hallway window of a nurses’ station, and surveillance video showed respondent striking the patient twice in the face. Respondent denied striking the patient, arguing that he acted in self-defense, which the ALJ found was belied by the video evidence showing the contrary. In assessing penalty, the ALJ held that respondent’s lack of disciplinary history was outweighed by the seriousness of the misconduct and his inability to take responsibility for his actions. Although petitioner’s evidence was insufficient to sustain the excessive absenteeism charge, the ALJ recommended that respondent be terminated from his employment based on the finding of gross misconduct. Health & Hospitals (Bellevue Hospital Ctr.) v. Alexis, OATH Index No. 654/26 (July 1, 2026), adopted, CEO Dec. (Aug. 6, 2026).

ALJ Christine Stecura recommended termination of employment for an eligibility specialist who was absent without authorization. Petitioner charged respondent with being absent from work starting in January 2025. Respondent initially requested a medical leave of absence for a six-week period which petitioner denied due to a lack of supporting documentation. The ALJ found that petitioner failed to establish that respondent did not comply with its rules in applying for medical leave and that petitioner improperly denied respondent’s request. However, the ALJ found that petitioner established that respondent’s absence from work for over 14 months after the medical leave was excessive and subject to discipline. The ALJ also found that respondent failed to provide corroborating lay, medical, or expert testimony, or supporting medical documentation to demonstrate a current and ongoing disability. Dep’t of Social Services v. Anonymous, OATH Index No. 1139/26 (Aug. 6, 2026).

Licensing and Registration

ALJ Hanchun Lin recommended license revocation for a TLC driver who tested positive for cocaine. In a fitness proceeding, respondent denied any drug use, attributing the positive drug test to passive inhalation and his medical conditions. Respondent argued that he was inadvertently exposed to cocaine due to his roommate’s drug use. The ALJ found that there was insufficient scientific evidence to support respondent’s arguments. The ALJ also rejected respondent’s arguments that petitioner violated federal drug testing regulations, finding the agency procedurally compliant. As respondent was unable to rebut petitioner’s evidence concerning the positive drug test, the ALJ recommended revocation of respondent’s TLC driver license. Taxi & Limousine Comm’n v. Bullert, OATH Index No. 1550/26 (July 1, 2026).

ALJ Jonathan Fogel recommended $21,380,100 in monetary relief, $974,270 in premiums owed to employees, and $48,111,500 in civil penalties against a fast food establishment charged with violating the Fair Workweek Law (“FWL”). The ALJ found that between 2018 and 2021, respondent failed to provide new employees with good faith estimates of their work schedules, failed to provide employees with 14-days’ notice of work schedules, failed to obtain written consent for schedule changes, failed to pay schedule change premiums, required employees to work “clopening” shifts without written consent, and failed to notify employees of available shifts before hiring new employees. The ALJ also found that the respondent-owner was not personally liable for the violations as he did not meet the FWL’s definition of “employer.” The ALJ found that petitioner failed to establish that the owner had the power to hire and fire employees, that he supervised and controlled employee work schedules or conditions of employment, that he determined the rate and method of payment, that he maintained employment records, or that he otherwise exerted operational control over employees. Dept’ of Consumer & Worker Protection v. Boston Market Corp., OATH Index No. 620/24 (July 30, 2026).

ALJ Charlotte Davidson recommended revoking the license of a master rigger who pled guilty to state charges of forgery and fraud relating to a certificate of insurance filed with the Department of Buildings and to federal charges of failure to collect, account for, and pay payroll taxes. The ALJ found that respondent’s sworn admission to filing a forged certificate of insurance with the Department, as well as his admitted failure to maintain workers’ compensation insurance, was sufficient proof that he made false and misleading statements on a filing with the Department. The ALJ further found that respondent’s admitted misconduct demonstrated poor moral character. Although respondent had a long and accomplished career as a master rigger, his acts of dishonesty and disregard for safety warranted revocation of his license. Dep’t of Buildings v. Cole, OATH Index No. 281/26 (Aug. 20, 2026).

ALJ Julia H. Lee recommended lifting the license suspension of a TLC-licensed driver arrested for burglary in the first degree. Hearsay statements in the criminal complaint alleged that respondent entered the complainant’s residence without permission, damaged property, and physically assaulted complainant. Respondent testified that she temporarily rented her apartment to complainant and her husband while she was out of the country. When respondent returned to the apartment, the couple had changed the locks and refused to leave or pay rent. Respondent further testified that when she attempted to convince the couple to vacate the apartment, they physically assaulted her, causing injuries for which she sought medical attention. Respondent’s testimony was corroborated by medical documents and injury photographs, as well as the testimony of a real estate agent who witnessed the altercation. The ALJ found that these circumstances supported a finding that respondent’s arrest stemmed from an isolated incident and that respondent’s continued licensure did not pose a threat to public safety. The ALJ noted that respondent, a TLC-licensed driver for ten years, had no prior arrests or convictions, never received a passenger complaint, and had a nearly spotless driving record with the exception of speeding violations in 2021. Taxi & Limousine Comm’n v. Mohamed, OATH Index No. 042/27 (Aug. 6, 2026).

Vehicle Seizure

ALJ Kevin F. Casey ordered the release of a vehicle seized by the Police Department following the arrest of the respondent for criminal possession of weapons, reckless endangerment, and other offenses. The ALJ found that probable cause existed for respondent’s arrest based on allegations that respondent sent the complainant, a former partner, threatening text messages, fired a weapon at a storefront window, and made a threatening phone call to complainant. Respondent was pulled over in his vehicle and arrested based on complainant’s report to police and surveillance footage of the shooting. Petitioner was unable to establish that the seized vehicle was used as the instrumentality of a crime. Although petitioner argued that respondent used the seized vehicle to flee the scene of the shooting, the ALJ found that there was insufficient evidence to prove respondent used any vehicle, including his own, to drive to or from the crime scene. Accordingly, the ALJ directed petitioner to release respondent’s vehicle. Police Dep’t v. Cruz, OATH Index No. 138/27, mem. dec. (Aug. 3, 2026)