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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

Modern Day Sweat Shop

Posted on June 12, 2009
Do you think sweatshops are a thing of the past? Guess again. New York State Calls It A Sweat Shop is an interesting May 20, 2009 New York Times article that documents a modern day alleged sweat shop-guess where in...

Quitting Work Disqualifies Employee From Unemployment

Posted on June 12, 2009
Matter of Gagraj v. Commissioner of Labor,___A.D.3d___(3rd Dep't. May 14, 2009), demonstrates an important principle of unemployment insurance law. If you voluntary quit work or leave your job without good cause, your disqualified from receiving unemployment...

Employee Status For Unemployment Purposes

Posted on June 12, 2009
Whether or not an individual is an employee is important for Title VII, NLRA and a host of other labor and employment law purposes. Matter of Empire State Towing v. Commissioner of Labor,___A.D.3d___ (3rd Dep't. April 8, 2009), demonstrates that...

Executive Pay And Say To Play Rules

Posted on June 11, 2009
Overseer To Set Executive Pay At Rescued Companies is an important June 10, 2009 article from the NY Times. It reports that the Obama Administration has appointed a compensation czar to oversee executive compensation at firms which received stimulus funds...

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Hearings On Paid Sick Time Bill

Posted on June 11, 2009
I expect that we are going to hear more about Healthy Families Act (H.R. 2460). This Bill, if enacted, would require up to 7 days of paid sick time. The Bill goes much further than the FMLA as it applies...

Using a global positioning device to track the location of individuals while at work

Posted on June 11, 2009
People v Weaver, 2009 NY Slip Op 03762, Decided on May 12, 2009, Court of Appeals A number disciplinary actions taken against employees were initiated by, or relied upon, the use of global positioning equipment installed in the employer?s vehicle...

Federal Contractor De-barred For Wage and Hour Violations

Posted on June 11, 2009
Karawia v. Department of Labor,___F.Supp.2d. ___, NYLJ May 13, 2009 (S.D.N.Y. May 6, 2009)(registration required), illustrates an important point. Federal contractors can loose their contract for wage and hour violations. THE MCNAMARA-O'Hara Service Contract Act (SCA) requires federal service contractors...

D. N.J. limits Ledbetter Act to discriminatory compensation claims

Posted on June 10, 2009
Richards v Johnson & Johnson, ___F.Supp.2d___(D. N.J. June 2, 2009), is an important case. The Lilly Ledbetter Fair Pay Act continues to divide the courts, as a federal district court in New Jersey has joined a district court in Pennsylvania...

Washington Post Editoral In Support of EFCA By ILR Prof Kate Bronfenbrenner

Posted on June 10, 2009
A War Against Organizing is an interesting June 3, 2009 Washington Post editorial by ILR Prof. Kate Bronfenbrenner. Bronfenbrenner summarizers her recent research and is a strong supporter of EFCA because the current election process is too often abused by...

Connecticut and Maine Governors signs bills implementing same-sex marriage

Posted on June 10, 2009
Connecticut Governor M. Jodi Rell (R) signed into law (Pub. Act No. 09-13) which codifys the decision in Kerrigan v Commissioner of Public Health, which legalized same-sex marriage in the state. The law also recognizes out-of-state marriages, civil unions and...

Employer?s FMLA notice requirements can be enforced as long as practicable

Posted on June 10, 2009
On May 5, the DOL?s Wage and Hour Division released an opinion letter (FMLA2009-1-A) on employee notification procedures under the FMLA related to employer attendance and no call/no show policies. The DOL?s revised FMLA regulations, which took effect on January...

Breaking News! En Banc 6th Cir Reverses Itself And Rejects Associational Discrimination Theory

Posted on June 09, 2009
Thompson v North Am Stainless, LP, ___F.3d___(6th Cir. June 5, 2009) (en banc), is a critically important case. The en banc panel overturned its prior 2-1 ruling which had broadened the scope of Title VII?s anti-retaliation provision. A divided en...

NLRB Holds No duty to reassure employees about former union organizer on staff

Posted on June 09, 2009
Community Medical Center, 354 NLRB No. 26, (May 29, 2009), is an interesting case. The Board holds that an employer did not violate Sec. 8(a)(1) hiring a former union organizer to campaign against the union without assuring employees that the...

Employees not party to EEOC enforcement action not required to arbitrate

Posted on June 09, 2009
EEOC v SWMW Mgmt, Inc, ___F.Supp.2d___(D. Az. April 21, 2009), is an interesting case concerning the application of the Supreme Court's decision in Waffle House. The court holds that even if there was a valid arbitration agreement between the defendant...

?Indispensability? is not a test for exempt status under FLSA

Posted on June 09, 2009
Desmond v PNGI Charles Town Gaming, LLC, ___F.3d___(4th Cir. April 30, 2009), is an interesting FLSA case. The 4th holds that an employee?s indispensability to the employer?s business is not the determining factor of whether the employee?s position is directly...

Professor Salaries

Posted on June 08, 2009
Top Notch Professors, Coaches Don't Come Cheap is an interesting article from the Chicago-Sun Times. This newspaper article published the salaries of several profs and coaches at the University of Illinois. Presumably, the newspaper obtained this information from the Freedom...

Big Firm Layoffs

Posted on June 08, 2009
A Study Why Major Firms Are Shrinking is an interesting June 7, 2009 New York Times article. It focuses on the continuing decline of White and Case- which is a classic white shoe large NYC law firm. The reason for...

New York legislature urged to pass Tier V pension reform legislation

Posted on June 08, 2009
Office of the Governor press release Following his veto of a bill to provided for the temporary extension of Tier II retirement that would provide Tier II benefits to all new police officers and firefighters, matching the benefits of current...

An accommodation that inherently breaches existing employee agreements is not a reasonable accommodation; Nor is an indefinite LOA

Posted on June 08, 2009
I bring Fiumara v. Presidents and Fellows of Harvard College, ___F.3d___(1st Cir. May 1, 2009), for two primary reasons. It discusses a point that sometimes comes up in disability discrimination cases. Is an accommodation reasonable if it would violate some...

The Sickness Of U.S. News Ranking System

Posted on June 07, 2009
Cornell Law School Associate Dean Richard Geiger wrote an excellent article for the May 20, 2009 New York Law Journal entitled The Rankings, Deconstructed and Examined. In this article, Dean Geiger accepts that the ranking system is here to stay...

Technology Addiction

Posted on June 07, 2009
Workplace Prof Blog has a very interesting posting questioning whether employers can be liable for technology addiction. Prof Bales cites to a non-law review publication, journal Strategic Change article entitled "The Unbalanced High-Tech Life: Are Employers Liable?"The abstract provides: Technology...

Hi Tech Cheating

Posted on June 06, 2009
There is an interesting article in the June 5, 2009 edition of Insider Higher Education about student hi tech cheating called A New Student Excuse. The game goes this way. Students intentionally purchase(for up to $5.95) a software program which...

Cheating In Law Schools

Posted on June 06, 2009
Cheating 2.0 is an interesting National Law Journal article from May 25, 2009. It is about how student cheating may differ because of advances in technology. Specifically, the article discusses students taking bathroom breaks at Syracuse Law School and texting...

Article On Supreme Court 2009 Labor and Employment Cases-Part 1

Posted on June 05, 2009
The June 5, 2009 NYLJ (registration required) has an interesting 2 part article about the Supreme Court's 2009 labor cases. The cases discussed are: -AT&T Corp. v. Hulteen, 129 S.Ct. 1962 (2009), where the Supreme Court decided that an employer...

Not All Bullies Are Men

Posted on June 05, 2009
Blacklash-Women Bullying Women At Work is an interesting May 9, 2009 New York Times article. It reports that up to 40% of the bullying at work is done by woman. By bullying, the article is referring to yelling and screaming....

Souter's Former Law Clerks

Posted on June 05, 2009
Souter's Tribe is an interesting May 11, 2009 National Law Journal article. It is about the 72 clerks who have worked for Justice Souter. It is a study in success. Many became law professors. Most, however, wound up at big...

Arbitrator may award attorney and arbitrator fees notwithstanding an arbitration provision that each party is to bear its own expenses

Posted on June 05, 2009
ReliaStar Life Insurance Co. v EMC National Life Company,* USCA, 2nd Circuit, Docket No. 07-0828-cv A typical provision in an agreement to arbitrate a dispute provides that in the event a dispute is submitted to arbitration, ?each will bear the...

Termination Of Long Term Disablity For Employee With AIDS Does Not Violate ERISA

Posted on June 04, 2009
Jenkins v. Price Waterhouse, ___F.3d____(7th Cir. May 4, 2009), is an important ERISA decision. The 7ht held that the decision to terminate long term disability benefits of an Employee with AIDS did not violate ERISA. Why? Because the employee's medical...

Politics At The NLRB

Posted on June 04, 2009
Unions Look To Labor Board To Reverse Bush Policy is an interesting June 3, 2009 Wall Street Journal article. It is about President Obama's nominees to the NLRB. The article has correctly reported that Obama has nominated union side attorneys.What...

Union's Negligence About Failing To Fully Inform Grievant Does Not Establish Breach Of Duty of Fair Representation

Posted on June 04, 2009
Hansen v. Communication Workers of Am., No. 08-2051 , ___F.3d___(8th Cir. May 6, 2009), demonstrates how difficult it is to establish a breach of the union's duty of fair representation.Here, the union failed to disclose a 18 month limitation on...

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