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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

1st $2400 of Unemployment To Be Tax Free in 2009

Posted on May 08, 2009
Finally, there is some sense to the Tax Code. One of the provisions of the federal stimulus is that the first $2400 of unemployment will be tax free in 2009. Therefore, this does not apply to the 2008 tax returns....

Don't Yell At The Judges Law Clerk

Posted on May 08, 2009
Sometimes you just cannot make these cases up.Disbarred for Yelling at Law Clerk is a interesting story from legal blog watch about Matter of Michael Moity Jr., ___F.3d___(5th Cir. April 6, 2009). An attorney yelled at the Judges law clerk...

Union Election Win Rates Increasing

Posted on May 07, 2009
Unions Winning More Organizing Elections is an important May 5, 2009 New York Times article. It reports on new data that shows that unions have won 63% of recent elections.The article states that opponents of the Employee Free Choice Act...

Falling Wage Syndrome

Posted on May 07, 2009
NY Times Op-Ed Columnist Paul Krugman wrote an interesting May 3, 2009 piece entitled "Falling Wage Syndrome."His point is that falling wages are bad for the economy. Why? Because purchasing power declines when wages are lower. As the article states:...

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Private Security Firm and City Are Joint Employers Under Title VII

Posted on May 07, 2009
Forsythe v. New York City, ___F.Supp. 2d___(S.D.N.Y. April 6, 2009)(registration required), illustrates an important principle of law. Two separate business can both be considered employers, for Title VII purposes, of an employee. Here, a pro se plaintiff survived a motion...

Breach of Contract (CBA) Action Allowed To Proceed Due To Union's Possible Breach Of Its Duty Of Fair Representation

Posted on May 07, 2009
Spano v. Kings Park Cent. School Dist., ___A.D.3d___ (2nd Dep't. April 7, 2009), illustrates an important principle of both private and public sector labor law. Normally, an action cannot be maintained for breach of a collective bargaining agreement. However, the...

Arbitration Agreement To Split $42,000 Arbitration Fee Void As Against Public Policy

Posted on May 06, 2009
Brady v. Williams Capital Group, ___A.D.3d___(1st Dept. April 30, 2009), is an important employment arbitration provision decided under New York law. A divided appellate court held that an employment manuel which required that arbitration fees be split was void as...

Hidden Danagers of Hiring Interns

Posted on May 06, 2009
Rites of Spring: The Hidden Dangers of Hiring Interns is a very interesting April 5, 2009 article from Business Management Daily. Readers of this blog as well as my students all know what those dangers are. Interns, although they may...

EFCA Is A Boom For Management Labor Lawyers

Posted on May 06, 2009
Labor Fears Spawn Boom in Workplace Legal Advice is an interesting April 8, 2009 Wall Street Journal article. Many employers are seeking advice about the Employee Free Choice Act as well as other statutes that are likely to be enacted...

State agency decision that employee was not eligible for unemployment compensation benefit had collateral estoppel effect

Posted on May 06, 2009
Cox v. DeSoto County, ___F.3d___(5th Cir. April 3, 2009), is an important case. The 5th held that, under Mississippi law, a decision of Mississippi Employment Security Commission (MESC), that a county employee was not eligible for unemployment compensation benefits because...

Senate Confirmation Hearings On Harris And Smith To Take Place On May 7th

Posted on May 06, 2009
Workplace Prof Blog has a interesting May 6, 2009 posting which announces that Prof. Seth Harris (Nominee Deputy Secy of Labor) and Patty Smith (Solicitor of Labor) confirmation hearings will be held on May 7th. As Professor Hirsch states: Tomorrow...

Board Literally Refuses To Decide Whether Its Lawful For Employer To Call Police On Picketers

Posted on May 05, 2009
Venetian Casino, 354 NLRB No. 9 (April 29, 2009), had the potential to be a very important case. Instead, it has become a very unusual case. On remand from the D.C. Circuit, the Board was faced with the issue of...

UAW and Chrysler

Posted on May 05, 2009
Union Takes Rare Front Seat in Deal For Chrysler is an important May 1, 2009 New York Times article. In exchange for agreeing to some wage concessions, the U.S. Gov't has stated that it will stand behind the health insurance...

Disciplinary arbitrator has jurisdiction to hear a defense based on CSL �75-b, the Whistle Blower statute

Posted on May 05, 2009
Matter of Kowaleski v New York State Dept. of Correctional Servs., 2009 NY Slip Op 02515, decided on April 2, 2009, Appellate Division, Third Department NYS Correction Officer Barabara Kowaleski was served with a notice of discipline charging her with...

School board has broad discretion with respect to initiating disciplinary action against its members or employees of the district

Posted on May 05, 2009
Appeal of Peter And Francesca Gonzalez, on behalf of their daughter Nilli, from action of the Board of Education of the Middleburgh Central School District, Decisions of the Commissioner of Education, Decision No. 15,900 Peter And Francesca Gonzalez appealed various...

Interesting Law Journal Article On Swine Flu And Employer Responsiblity

Posted on May 04, 2009
Attorney David Wirtz wrote an interesting April 29, 2009 article for the New York Law Journal entitled Pandemic For New York Workplaces (free with registration). In this article, David recommends that employers adopt workplace policies and he summarizes OSHA, ADA,...

Free Cloud Computing For Professors

Posted on May 04, 2009
Legal Writing Prof Blog has an interesting story about Amazon.com offering free cloud computing services for professors, available here. Seems like this service functions exactly like Blackboard and TWEN except that there are no links out perform legal research...

Law Professor Obama And The Supreme Court

Posted on May 04, 2009
Unlike most, if not all other Presidents, President Obama is a former con law professor. Whether you like Obama or not, he therefore, knows more about the constitution and the Supreme Court than all other Presidents. To the extent V.P....

Employee's alteration of FMLA application results in denial of leave

Posted on May 04, 2009
Smith v The Hope School,___F.3d___(7th Cir. March 30, 2009), is an important FMLA case to be aware of. The 7th held that an aide at a residential facility was neither entitled to FMLA leave nor fired for asserting her rights...

teaching tax and other tedious topics

Posted on May 04, 2009
Jack Bogdanski (Lewis and Clark) and Sam Donaldson (U Washington) have posted a very good piece on this topic. Good advice from two very good teachers. (hat tip Ann Murphy through TaxProf). I think this translates to many of the...

USERRA Section 4311 Contains No Duty To Accommodate

Posted on May 03, 2009
Sandoval v City of Chicago, ___F.3d___(7th Cir. March 30, 2009), is an interesting case under USERRA. The 7th held that a police department did not violate the Uniformed Services Employment and Reemployment Rights Act (USERRA) by not offering two police...

Texas bring-your-guns-to-work law nearer to passage

Posted on May 03, 2009
The Texas Senate has recently passed S.B. 730, a measure that would bar employers from prohibiting an employee who holds a license to carry a concealed handgun or otherwise lawfully possesses a firearm (or ammunition) from transporting or storing a...

D.C. Circuit Strikes Down Two Member Board Decisions Creating Circuit Conflict

Posted on May 02, 2009
Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, ___F.3d____(D.C. Cir. May 1, 2009), is a critically important case that is probably going to wide up in the Supremes. The NLRB had found that the employer committed a ULP and...

Who Will Replace Justice Souter?? The Speculation Has Begun

Posted on May 02, 2009
Souter's Retirement Reports Stir Speculation On Obama Pick is an important May 1, 2009 article from the National Law Journal. The article speculates that Obama will pick a woman a minority or someone who is both, but it does not...

Breaking News: Justice Souter Is Retiring

Posted on May 01, 2009
NPR reported on April 30, 2009 that it learned that Justice David Souter is planning to retire at the end of this term. Souter is only 69 and not nearly has old as Justice Stevens and Ginsburg. Though appointed by...

Employer does not have to pay benefits to former employees guilty of embezzling

Posted on May 01, 2009
William Floyd Union Free School Dist. v Wright, 2009 NY Slip Op 03164, Decided on April 21, 2009, Appellate Division, Second Department The William Floyd Union Free School District asked Supreme Court to relieve it of its contractual obligation to...

Swine Flu and Employment Law

Posted on May 01, 2009
What is the impact of Swine Flu (or to be politically correct H1N1 Flu) on Employment Law? Sounds like a good examination question. Law students take note, these are my thoughts. 1. Under OSHA, employers have a general duty to...

Medical interns eligible for student exemption from FICA tax

Posted on May 01, 2009
United States v Memorial Sloan-Kettering Cancer Center,( 2d Cir. March 25, 2009) illustrates that employee status is not just important for labor and employment law purposes-there are tax consequences as well. Here, the 2d Circuit held that the lower court...

New York State Assembly passes bill banning transgender discrimination

Posted on April 30, 2009
The New York State Assembly Passed a Bill outlawing discrimination against transgendered individuals. The Bill amends the state?s human rights law to include anti-discrimination protections based upon gender identity and expression. The Gender Expression Non-Discrimination Act (GENDA, A...

Legal Aide Society Case Loads To Be Capped

Posted on April 30, 2009
State Law to Cap Public Defenders? Caseloads, but Only in the City is an interesting April 5, 2009 New York Times article. It is about a New York law that is going to cap public defender case loads. Currently, its...

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