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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

5th Holds ADA claim stated for employee with chronic fatigue syndrome

Posted on August 04, 2009
EEOC v Chevron Phillips Chemical Co, ___F.3d___ (5th Cir. June 5, 2009), is an interesting case. The court held that a magistrate judge erroneously found that an employee with chronic fatigue syndrome (CFS) was not disabled under the ADA because...

State of Delaware Makes It Unlawful To Discrimate On The Basis Of Sexual Orientation

Posted on August 04, 2009
Delaware's state anti-discrimination statute was recently amended. S.B. 121 passed the General Assembly on June 24, 2009, and was signed by the Governor on July 2, 2009. The law took effect immediately. A copy of that statute is available here....

Equitable estoppel does not save public employee?s FMLA claim

Posted on August 04, 2009
Nagle v Acton-Boxborough Regional School District, __F.3d___(1st Cir. July 30, 2009), is an important case. The court held that a part-time employee of a public school district who claimed she was given oral assurances that she could take leave to...

Use of Work Computer To Solicit Prostitute Leads To Multiple Criminal Charges

Posted on August 04, 2009
Proskauer Workplace Privacy Blog reports on an important Ohio decision. State v. Wolf, No. 08-16, slip op. (Ohio Ct. App. 5d April 28, 2009). Ohio state law has an unauthorized use statute. The statute, Ohio Rev. Code § 2913.04(B) (2009),...

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NYS Division Of Human Rights Appeal Dismissed For Failing To Name Division As A Party

Posted on August 03, 2009
Appeal dismissed because of a procedural misstep Matter of Rumman v Duane Reade, 2009 NY Slip Op 05968, decided on July 21, 2009, Appellate Division, Second Department The Commissioner of the New York State Division of Human Rights adopted the...

Union Internal Disputes

Posted on August 03, 2009
New York Times Reporter Steven Greenhouse reported on July 8, 2009 about internal union infighting, here. The article reports that unions are not fighting with each other over big policy issues-such as the Employee Free Choice Act. Rather, unions are...

When Should You Start Collecting Social Security Benefits??

Posted on August 03, 2009
Collect Now, or Later? Timing Social Security Benefits is an important New York Times article which most people close to retirement should read. The central thesis of the article is that while it is temping, you should not begin to...

Pants Judge Looses His Wrongful Termination Suit

Posted on August 02, 2009
Remember that Judge who sued his dry cleaners for millions after his pants were ruined? Well apparently he was later removed from his job as an ALJ. He brought suit in federal court alleging First Amendment violations and wrongful termination-presumably...

Queens College of the City University of New York not subject to the City?s Human Right Law because it is a State entity

Posted on August 02, 2009
Jattan v Queens Coll. of City Univ. of N.Y., 2009 NY Slip Op 05746, decided on July 7, 2009, Appellate Division, Second Department Lincoln Jattan, sued Queens College of the City University of New York to recover damages for employment...

Overtime Advisor Law Firm Blog

Posted on August 02, 2009
There is a new law firm blog in town called the Overtime Advisor. It is run by the law firm of Greenwald Doherty. A July 27, 2009 article, for example, discusses the pitfall of employers using comp time instead of...

Happy Belated Birthday To Medicare

Posted on August 01, 2009
July 30, 2009 marked the 44th Birthday of Medicare. To millions of Americans it seems like Medicare is an entitlement and that it always existed. However, nothing could be further from the truth. The AFL-CIO blog ran an interesting story...

Oldest Legal Blog

Posted on August 01, 2009
Ever wonder which is the oldest legal blog and how old is it. Well, those honors belong to Overlawyered. According to blogger Robert Ambrogi at Legal Blog Watch Overlawyered just turned 10. Congrats! Mitchell H. Rubinstein

White House Counsel Salaries

Posted on July 31, 2009
Ever wonder how much White House Counsel makes? It turns out to not be much. Just How Much Do Lawyers in The White House Make is an interesting July 6, 2009 law.com article that discusses this very issue. This article...

New York State Human Rights Law Amended To Provide Civil Penalties and More Changes Proposed

Posted on July 31, 2009
On April 7, 2009, New York Governor Paterson signed legislation authorizing the imposition of civil penalties against employers and individuals found to have committed discriminatory practices under the New York Human Rights Law (the law is scheduled to take effect...

The Benefits of Online Education

Posted on July 31, 2009
Inside Higher Education ran an interesting June 29, 2009 story about the benefits of online education. Surprise, surprise a new study indicates that students really do learn by taking online classes. As the article states: The study found that students...

Illinois Supreme Court holds ?patient safety? assertion won?t justify at-will public policy exception

Posted on July 30, 2009
Turner v Memorial Medical Center, IllSCt, June 18, 2009, is an important case and it demonstrates how difficult it is to establish a public policy cause of action even in states that recognize such an exception to the employment at...

Early Opposition To NLRB Nominee Craig Becker

Posted on July 30, 2009
The Chamber of Commerce and some of its political supporter have come out against the nomination of Craig Becker to the NLRB. Workplace Prof Blog notes that this is no surprise-given the fact that he is a union lawyer. Workplace...

ForeWarn Act Introduced Into Congress

Posted on July 30, 2009
H.R. 3042 would amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation. This Bill would requiring more and smaller employers to notify workers of plant closings or mass layoffs. FOREWARN also would increase...

Liquidated Damage Exception Under Hoffman Plastics and IRCA

Posted on July 30, 2009
Workplace Prof Blog has an interesting June 29, 2009 posting about NLRB v. C&C Roofing Supply, ___F.3d___(9th Cir. 2009), where the court drew a distinction between reinstatement, which was at issue in Hoffman Plastics and liquidated damages. As the court...

White House Continues To Support Employee Free Choice Act As A High Priority

Posted on July 29, 2009
On June 2, 2009, in response to a reporters question, Press Secretary Gibbs stated the President continues to support the Employee Free Choice Act and it remains a priority. Specifically, the exchange was as follows: Q Robert, the Employee Free...

The Dilemma of Apologizing

Posted on July 29, 2009
Gonzalez v. State, ___N.E.2d___, 2009 WL 1765684 (Indiana Ct. App. June 23, 2009), illustrates the dilemma criminal defendants and others have by offering an apologizing. Here, the defendant was convicted of criminal mischief and operating a vehicle while intoxicated after...

Georgia teacher may raise consensual sex defense to sex assault charge

Posted on July 29, 2009
Chase v. State, No. S09G0139 (Ga. June 15, 2009), is an interesting case from the Georgia Supreme Court. The Court held a defendant teacher charged with sexually assaulting a student who had reached the age of consent was entitled to...

Baseball's Use Of DNA Testing May Violate GINA

Posted on July 29, 2009
Baseball's Use of DNA Raises Questions is an interesting July 21, 2009 article from the New York Times. Apparently, to confirm age and identity, MLB conducts DNA testing. However, that may role a foul of GINA. As the article states:...

Streamlining of Financial Aid Applications

Posted on July 28, 2009
Obama Wants To Trim Complex College Aid Form is an interesting June 24th article from the New York Times. It reports that the Obama Adminstration wants to trim the 153 question student financial aid application form. The article describes the...

What Ever Happened To The Employee Free Choice Act

Posted on July 28, 2009
We have not heard much about the Employee Free Choice Act. I had expected Congress to act by the August recess. So what happened? My best guess is that it can be summed up in one word-"healthcare." The last couple...

State Senate required to provide employee payroll records in response to a Freedom of Information Law request

Posted on July 28, 2009
Matter of Polokoff-Zakarin v Boggess, 2009 NY Slip Op 03823, decided on May 14, 2009, Appellate Division, Third Department Penny Polokoff-Zakarin filed a Freedom of Information [FOIL] request seeking documents concerning an employee of the State Senate, including the individual?s...

Employee Polygraph Protection Act claim may proceed

Posted on July 27, 2009
Harmon v CB Squared Servs, Inc, ___F.Supp. 2d___(E.D. Va. June 1, 2009), is an interesting case. A lower corut held that a manager who was demoted after the results of a polygraph exam may go forward within his wrongful discharge...

Biometric Identification And Employment Law

Posted on July 27, 2009
Employment Lawyers Voice Skepticism About Biometric Verification is a very interesting July 24, 2009 article from the National Law Journal. It is about using biometric data, such as fingerprints and retina scans, to verify if employees are eligible to work...

Muslim workers lacked uniform beliefs, commonality; Title VII class cert denied

Posted on July 27, 2009
Haliye v Celestica Corp, ___F.Supp.2d ____ (D. Minn. June 10, 2009), is an interesting case. The district court in Minnesota declined to certify a class of 22 Muslim employees in a Title VII religious accommodation suit, concluding there was a...

Downloading Porn Disqualifies Employee From Unemployment

Posted on July 27, 2009
Matter of Pesant v. Commissioner of Labor, ___A.D3d___(3d Dep't. June 18, 2009), illustrates an important unemployment insurance principle. An individual is disqualified from unemployment if he was terminated for misconduct. The question frequently litigated is what is misconduct...

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