New York State Faces Arbitrator Order on Back Pay
An arbitrator ordered the state to provide back pay and benefits to a former employee after his criminal case was dismissed.
Updated on Oct. 26, 2026 in Remote Work
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In February 2026, an arbitrator ruled that the New York State Office of Information Technology Services must restore back pay and benefits to Michael Genevick. The state is currently challenging the ruling in state Supreme Court following the dismissal of criminal charges against the employee in 2025.
Why it matters
The case highlights the ongoing legal complexities surrounding remote work monitoring and the burden of proof required when states allege time theft against employees. It underscores the challenges government agencies face when reconciling internal disciplinary actions with subsequent criminal proceedings.
Employee Michael Genevick reportedly billed for 17-hour work days starting in 2020, leading to allegations of $8,290 in inappropriate compensation. The arbitrator found the state failed to prove his volunteer fire department duties prevented him from performing assigned work.
The players
Michael Genevick
He is a former employee of the New York State Office of Information Technology Services who faced felony charges related to time card reporting.
Thomas R. Rinaldo
He is the arbitrator who issued the ruling ordering the state to restore back pay and benefits to the employee.
The details
The state initially suspended Genevick in May 2025 after an investigation into his remote work logs triggered charges of six felonies. While prosecutors accused him of falsifying time sheets, the case was dismissed in November 2025, leading the arbitrator to order the restoration of his professional standing.
Timeline
June 2020: Genevick began reporting 7 a.m. to midnight shifts.
May 2025: Genevick was suspended and charged with six felonies.
November 19, 2025: The criminal case against Genevick was dismissed.
February 2026: Arbitrator Thomas R. Rinaldo issued a ruling favoring Genevick.
August 2026: A PEF filing noted that Genevick remains not reinstated.
Market Landscape
The arbitration ruling reflects the robust dispute resolution processes established by New York State Public Employee Federation collective bargaining agreements. This case illustrates how administrative rulings can challenge government disciplinary actions and shift the balance of power in public sector labor disputes.
For state residents, this case highlights how tax dollars may be impacted by ongoing litigation costs and potential back-pay settlements. It also illustrates the procedural risks government agencies face when implementing remote work monitoring and disciplinary policies.
The takeaway
This case emphasizes the necessity for clear, verifiable documentation when government agencies track hours for remote employees. It serves as a reminder that internal disciplinary findings must withstand legal scrutiny when challenged through arbitration.
Further reading
Learn more about labor standards and workplace policies in the New York Remote Work section.
Source note: This article includes information reported by Times Union.
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