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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

Considering criminal conviction in determining qualification of an applicant for employment in the public service

Posted on June 30, 2009
Matter of El v New York City Dept. of Educ., 2009 NY Slip Op 50883(U), Decided on April 1, 2009, Supreme Court, New York County, Judge Alice Schlesinger [This opinion will not be published in the Official Reports.] Civil Service...

Bill To Legalize Gay Marriage In New York Stalled In State Legislature

Posted on June 29, 2009
As most attorneys in New York know, the N.Y.S. legislature is in a state of disarray. Therefore, questions can be raised about any legislation that is passed. The New York Law Journal is reporting that because of this, legislation concerning...

Arbitration Fairness Act

Posted on June 29, 2009
Business Consumers At Odds Over Proposed Arbitration Act is an interesting June 5, 2009 NYLJ article. (registration required). It is about the "Arbitration Fairness Act." That Bill, if passed, severely limits pre-dispute arbitration clauses in consumer, employment and franchise agreements...

Unemployment Decision Not Given Preclusive Effect

Posted on June 29, 2009
Matter of Strong v. NYC Department of Education, ___.A.D.3d ___(1st Dep't. May 26, 2009), demonstrates a fundamental proposition of New York employment law. Unemployment insurance decisions are not binding on courts or employers. Thus, the decision to terminate a probationary...

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Board Member Who Has Interest In Dispute Should Have Recused Himself

Posted on June 29, 2009
Appeal of Laub, No. 15, 923 (May 22, 2009), involves several fundamental principles of Education Law that readers may be interested in. First, under New York Law, Education Law 3811 requires that the Board provide defense and indemnification with respect...

Blogging As A Career??

Posted on June 28, 2009
Legal Blog Watch carried an interesting June 24, 2009 story about blogging lawyers who made a career out of bloging. It cites to a story in the West Virginia Record which is about Mike Florio, a labor lawyer who started...

More Than 1,000 Businesses Come Out In Support of Employee Free Choice Act

Posted on June 28, 2009
On June 4, 2009 a new coalition, Business Leaders for a Fair Economy, that includes entrepreneurs, employers and leaders of businesses large and small who agree that a strong economy is compatible with the protection of workers' freedom to form...

Michael Jackson-A Lawyers Dream!!

Posted on June 27, 2009
There are so many legal issues that arise concerning Michael Jackson's death that I do not know where to begin to start. 1. Criminal Law Issues Assuming Jackson died of an overdose, who gave him the medicine? Did the doctor...

New Labor And Employment Law Blog

Posted on June 27, 2009
There is a new labor and employment law blog in town and it is excellent. Its called Workday and its put out by the folks at CCH so you know it has to be good. Check it out here. Mitchell...

Supremes Declare Strip Search Of Student Unconstitutional, But Officials Entitled To Qualified Immunity

Posted on June 26, 2009
Safford Unified School Dist. v. Redding, 557 U.S. __(June 25, 2009), is an important Education and constitutional law case. In a lengthly and well written decision the Court held that a strip search of a 13 year old girl was...

Arbitration Clause That Does Not Specifically Mention Discrimination Does Not Require Mandatory Arbitration Under Pyett

Posted on June 26, 2009
Shipkevich v. Staten Island Univ. Hosp. & Aramark, 2009 U.S. Dist. LEXIS 51011 (E.D.N.Y. June 16, 2009), is an interesting case. A lower court held that held that a CBA did not mandate arbitration of the plaintiff?s statutory anti-discrimination claims...

Freedom From Union Violence Act introduced in the House

Posted on June 26, 2009
The Freedom From Union Violence Act (H.R. 2537), introduced in the House on May 21, 2009 would impose a fine of up to $100,000 and/or a prison sentence of up to 20 years for anyone affecting commerce who commits robbery,...

Lex Opus; an alternative to Expresso?

Posted on June 26, 2009
Prawf Blawg ran an interesting May 29, 2009 story about Lex Opus. Lex Opus is run by Washington and Lee Law School and it will send out your law review articles, just like expresso-but without charge! As Professor Markel explains:...

Breast Feeding Promotion Act of 2009, H. R. 2819

Posted on June 25, 2009
The Breast Feeding Promotion Act of 2009, H.R. 2819 has been introduced into Congress. This Bill amends Title VII to protect employees who want to express breast milk at work, amends the IRS Code to provide tax incentives to employers...

LABOR SECRETARY PONDERS OVERSIGHT OF HOME WORKERS

Posted on June 25, 2009
LABOR SECRETARY PONDERS OVERSIGHT OF HOME WORKERS is an interesting June 12, 2009 article from the New York Times. Though no specfics are mentioned, the labor secretary is quoted as saying that she is concerned that home workers are not...

Indiana Supreme Court: Multiple jobs with single employer- FMLA-eligible

Posted on June 25, 2009
Gary Community School Corp v Powell, ___N.W.2d___(Indiana May 19, 2009), is an interesting FMLA case coming out of the Indiana Supreme Court. The state Supreme Court held that an employee who holds multiple positions with an employer is eligible for....

Selection of one of available alternative remedies provided by the State?s Human Right Law bars recourse to the other

Posted on June 25, 2009
Tierney v Patchogue Fire Dept. Ambulance Co., Inc., 2009 NY Slip Op 50929(U), Decided on May 14, 2009, Supreme Court, Suffolk County, Judge Thomas F. Whelan, [This decision will not be published in the printed Official Reports.] Penny A. Tierney...

Monitoring employee's keystrokes may have been unlawful

Posted on June 24, 2009
Brahmana v Lembo, ___F.Supp.2d___(N.D. Cal. May 20, 2009), is an interesting decision. An employee who alleged that his employer unlawfully monitored his computer keystrokes in order to obtain the password to the employee?s personal email account can proceed with his...

Unit member bound by the terms set out in the collective bargaining agreement negotiated by the union

Posted on June 24, 2009
Matter of Raymond v Walsh, 2009 NY Slip Op 04832, Decided on June 12, 2009, Appellate Division, Fourth Department Onondaga County Deputy Sheriff Joseph D. Raymond, Sr., was receiving benefits pursuant to General Municipal Law �207-c. Onondaga County notified Raymond...

President Obama Reiterates Support for Employee Free Choice Act

Posted on June 24, 2009
On May 14, 2009, at a town hall meeting in New Mexico, President Obama reaffirmed his support for the Employee Free Choice Act. Obama acknowledged there's a tough fight ahead, but expressed his concern that current labor law isn't fair...

9th holds retirees have standing to sue for benefits

Posted on June 24, 2009
Poore v Simpson Paper Co, ___F.3d___(9th Cir. May 21, 2009), is an important case involving employee benefits.The 9th Circuit holds that early retirees had standing to pursue a claim that their employer violated ERISA by eliminating their health benefits and...

Adjunct Prof Blog Surpasses 200,000 Hits!!!

Posted on June 24, 2009
I am delighted to announce that Adjunct Prof Blog recently surpassed 200,000 hits. We have be in operation for just over two years-since May 2007. Gee- time does fly when your having fun!!! Congrats also belongs to Professor Eric A....

Supremes Hold That Student Does Not Have To First Fail At Public Education Before Being Entitled To Reimbursement For Private Education

Posted on June 23, 2009
Forest Grove v. T.A, ___U.S.___ (June 19, 2009), resolves a long standing conflict in the circuits concerning when a school district is required to reimburse parents for a private placement. In a 6-3 decision the Court holds that parents of...

EFCA Card Check Compromise In The Works

Posted on June 23, 2009
Washington Roll Call reported on June 19, 2009 that an EFCA compromise is in the works and that there is already agreement with respect to the interest arbitration provisions in EFCA. Unfortunately, the article does not state what those compromises...

Employer failed to explain that pay differential was not based on sex

Posted on June 23, 2009
Drum v Leeson Elec Corp, ___F.3d___(8th Cir. May 15, 2009), is an interesting Equal Pay Act case. The 8th held that an employer failed to explain that a $21,000 pay differential between a female HR manager and the male who...

Sexually hostile work environment was discrimination ?based on sex?

Posted on June 23, 2009
Gallagher v C.H. Robinson Worldwide, Inc, ___F.3d____(6th Cir. May 22, 2009), is an important sexual harassment case because it demonstrates that a cause of action can be established even if the plaintiff is not the target of the sexual harassment....

2d Reverses Bush NLRB and Holds Picketers Are Protected In Health Care Even If Notice Not Given

Posted on June 22, 2009
Civil Service Employees Association, Local 1000 AFSCME v. NLRB, ___F.3d.___(2d Cir. June 19, 2009), is an important case. The 2d reversed the Bush NLRB?s holding that employees who picket a health care institution, but do not strike, when their union...

Teacher's Blog Caused A Disruption Resulting In No First Amendment Protection

Posted on June 22, 2009
Richerson v. Beckon, 2009 U.S. App. Lexis 12870 (9th Cir. June 16, 2009), is an important decision. A teacher alleged that she was involuntarily and unconstitutionally transferred in retaliation for an entry she made on her personal blog. Because of....

Conservative Sotomayor FMLA Decision

Posted on June 22, 2009
One of the cases we cover in my Employment Law class is Fioto, Jr. v. Manhattan Woods, 123 Fed. Appx. 26 (2d Cir. Feb. 17, 2005). Though it is an unsigned decision, Sotomayor was on the panel that decided the...

Supremes vacate ruling that nonsignatories may not enforce arbitration pact

Posted on June 22, 2009
The U.S. Supreme Court, in a summary disposition, vacated and remanded to the Sixth Circuit decision in in Kimberlin v Renasant Bank (Dkt No 08-816) for further consideration in light of the Supreme Court's Court?s May 4, 2009 decision, Arthur...

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