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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

Law Professors and P.hd's

Posted on April 30, 2009
As we all know, there is a trend in the academy to hire new profs with advanced degrees. To my dismay, years of legal practice is not considered valuable. In fact, I have been recently been told by a Dean...

Foreman Found Not To Be A Supervisor

Posted on April 30, 2009
Determining whether or not an individual is a supervisor under the NLRA is often difficult-particularly with respect to professionals and Foreman. Diversified Enterprises, 353 NLRB No. 120 (March 26, 2009), is a case holding that a Foreman was not a....

The Swine Flu Outbreak and International Law-American Society of International Law (ASIL) Publication

Posted on April 29, 2009
We do not discuss International Law issues much here. However, the American Society of International Law just published an "Insight" paper written by a Indiana law professor David P. Fidler about the Swine Flu Outbreak. Insights are electronically published articles...

Labor and Employment Law Implications of Senator Specter Switching Parties

Posted on April 29, 2009
Senator Specter has been a Republican Senator since 1980. That's 29 years. On April 28, 2009, he announced a bombshell. He is switching to the Democratic Party. That may give Democratics a filibuster-proof majority (which would exist if Franken is...

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Email Etiquette

Posted on April 29, 2009
Legal Writing Prof Blog has an interesting April 28, 2009 posting entitled Professionalism alert - Email etiquette for students along with book recommendation which I recommend that you check out. It cites to he career counselor column in the Chronicle...

Payment of 4 Hours Pay To Come In And Vote Is Objectionable

Posted on April 29, 2009
Tea Party Concerts, 353 NLRB No. 130 (March 31, 2009), demonstrates an important principle of labor law. An employer may not pay employees to come in and vote. Such conduct is considered objectionable because it may interfere with employee free...

EEOC issues best practices guidance on work/family balance

Posted on April 28, 2009
Best practices are proactive measures that go beyond federal non-discrimination requirements. The EEOC has issued a technical assistance document on best practices for avoiding discrimination against workers with caregiving responsibilities. The document, Employer Best Practices for Workers with Caregiving Responsibilities,...

Patriot Employers Act reintroduced in Congress

Posted on April 28, 2009
Sen. Richard Durbin (D-Ill) reintroduced legislation that uses tax incentives to encourage US employers to create and keep jobs in the United States that meet specific pay and benefits criteria and maintain a policy of neutrality in union organizing campaigns...

Call for Papers for the Seton Hall Law Review 2009 Symposium, "Securities Regulation and the Global Economic Crisis: What Does the Future Hold?," to take place on October 30, 2009, at Seton Hall Law School

Posted on April 28, 2009
CALL FOR PAPERS The SETON HALL LAW REVIEW will be hosting a Symposium on October 30, 2009, at Seton Hall Law School in Newark, NJ, to address the role of securities regulation in the current global financial crisis. Specifically, this...

NYLJ Article on Employee Free Choice Act

Posted on April 28, 2009
The April 3, 2009 Labor Relations column for the New York Law Journal is on the Employee Free Choice Act, a topic we have extensively covered. For those who might not be family with this pending Bill, I highly recommend...

Volunteer Attorney Positions

Posted on April 28, 2009
With the down turn of the economy, more and more lawyers are out of work. The NYS Uniform Court System has started a volunteer attorney program where attorneys can volunteer for the courts while getting some good experience and exposure....

Law License Revoked Due To Failure To Repay Student Loans

Posted on April 27, 2009
Last week, I reported on Matter of Anonymous, 2009 NY Slip Op 02883, ___A.D.3d____(3rd Dep't. April 16, 2009), a New York Appellate Division decision which refused to admit a law school graduate who passed the NYS Bar examination to the...

UCLA Offers LLM Program For Deferred Associates

Posted on April 27, 2009
The April 20, 2009 National Law Journal reported that UCLA Law School has a new LL.M program which is designed to teach law students the skills that they would learn during the first year as an associate. The schools April...

More and More Seniors Looking To Re-enter Workforce: Age Discrimination on the Rise

Posted on April 27, 2009
Senior Citizens Look to Re-Enter the Workforce is an interesting March 30, 2009 Fox Business article. With millions of seniors loosing thousands in their 401(k) plans, it should come as no surprise that many are looking to come back to...

Mother-In-Law Not An Employee Under N.Y. Executive Law For Purposes Of Numerosity

Posted on April 27, 2009
Goldman v. Stein, ____A.D.3d___(2d Dept. March 24, 2009), illustrates that numerosity issues arise under state employment discrimination as well as federal law. Here, the NYS Human Rights law only applies to employers with 4 or more employees. It excludes from...

Legislation To Prohibit Mandatory Arbitration Proposed

Posted on April 26, 2009
The April 25, 2009 Workplace Prof Blog had an interesting posting about the The Arbitration Fairness Act, a.k.a. H.R. 1020, that was proposed in Feb. 2009. If enacted, this Bill would prohibit mandatory arbitration of employment and consumer disputes...

Union Violates Its Duty Of Fair Representation By Not Supplying Grievant With Copy Of Grievance

Posted on April 26, 2009
American Postal Workers Union, 353 NLRB No. 124 (March 30, 2009), is one of those rare decisions where a union is found to have breached its duty of fair representation. Why is it so rare? Because employees have a high...

Breaking News: President Obama Nominates Two Union Lawyers To NLRB

Posted on April 25, 2009
In a April 24, 2009 Press Release, the President announced that he will nominate Craig Becker and Mark Pearce to the NLRB. Their bios are as follows: Craig Becker, Nominee for Board Member, National Labor Relations Board Craig Becker currently...

Employee may be fired if performance problems uncovered on FMLA leave

Posted on April 25, 2009
Cracco v Vitran Express, Inc, ___F.3d___(7th Cir. March 17, 2009), is an interesting case. The 7th held that while the FMLA requires employees to be restored to their same or equivalent position upon returning from leave, it did not bar...

1st Circuit Holds That Working Mother's "sex-plus" Nonpromotion Claim Is Viable

Posted on April 24, 2009
Chadwick v Wellpoint, Inc,___F.3d____(1st Cir. March 26, 2009), is an important case. The First held that a female employee's "sex-plus" bias claim alleging that her employer failed to promote her to a managerial position because of stereotypes that women who...

State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against her

Posted on April 24, 2009
Appeal of Antoinette A. Huffine from action of the Board of Education of the South Country Central School District regarding a discrimination complaint, Decisions of the Commissioner of Education, Decision No. 15,893 South Country Central School District board member Antoinette...

Terminated employees challenge City?s requirement that employees be domiciled within its jurisdication

Posted on April 24, 2009
Matter of Ball v City of Syracuse, 2009 NY Slip Op 02039, Decided on March 20, 2009, Appellate Division, Fourth Department The significant issue Ball case is the legal distinction between an individual?s domicile and his or her residence. The...

Furlough's Instead Of Layoffs??

Posted on April 24, 2009
Europe's Solution: Take More Time Off is an interesting March 29, 2009 commentary from the New York Times. This story debates whether some employees should work less in exchange for a company not having to make layoffs. The story then...

U.S. News Law School Rankings Officially Released

Posted on April 23, 2009
Well, its finally out. The U.S. News official rankings are out and available here. The April 22, 2009 Wall Street Law Journal Blog ran an interesting story entitled Here It Is where they previewed the rankings (which were already leaked)...

D.C. Circuit Issues Major Decision Defining Employee Status Under NLRA

Posted on April 23, 2009
FedEx Home Delivery v. NLRB, ___F. 3d ___(D.C. Cir. April 21,2009), is an exceedingly important case. In a 50 page decision, a divided court held that FedEx drivers were independent contractors under the NLRA and thus the court vacated the...

Employee Free Choice Act Compromise??

Posted on April 23, 2009
Union Bill's Declining Chances Give Rise To Alternatives is an interesting March 29, 2009 Washington Post article. With the announcement that Senator Spector will not support this Bill, the chances of it becoming law are more difficult and therefore some...

Copy of New York Style Manual Available (Brown Book)

Posted on April 23, 2009
As many readers may know, New York has its own style manual which is commonly referred to as the Brown. It can be downloaded here without charge. The 2007 edition has been updated and can be downloaded without charge here....

Leaked 2010 Law School Rankings. What Is The Significance Of Part-Time Rankings???

Posted on April 22, 2009
For the first time this year, U.S. News has ranked part time programs. Interestingly, they appear to only use one criteria-peer assessment. While that is probably the most accurate criteria why are PT programs judged under a different standard than...

Same-sex marriage legislation introduced in New York

Posted on April 22, 2009
Gov. David A. Paterson (Dem. N.Y.) proposed legislation that would end "legal discrimination against same-sex couples" in the state by granting them the same legal recognition afforded to partners of the opposite sex. The bill would amend New York's Domestic...

Can I Get Fired for Posting on Twitter or Facebook?

Posted on April 22, 2009
Find Law's Common Law ran an interesting story Can I Be Fired For Post in Twitter of Facebook? All my students should know the answer to that question. YES!! As the article states: [S]ome employees out there might be wondering...

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