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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

NLRB Reaffirms Rossmore Standard Concerning Legality of Employer Interrogation

Posted on December 11, 2008
In Matros Automated Electrical, 353 NLRB No. 61 (Dec. 8, 2008), the Board reaffirmed the Rossmore Standard to examine the legality of employer interrogation of employees. Here, the Employer was found to have committed an unfair labor practice. The Board...

Teacher Assistant Union Threatening Strike At Cal State

Posted on December 11, 2008
Inside Higher Education reported on December 10, 2008 that the UAW which has organized Teachers Assistants have called off their planned strike and agreed instead to a mediation offer from Darrell Steinberg, president of state?s Senate. Additional information about this...

Summary of New FMLA Regulations

Posted on December 11, 2008
The law firm of Mcguire Woods sent out an email newsletter that provides an excellent summary of the new FMLA regulations. The editorial comments contained herein are not mine. This firm summarizes the regs as follows: Effective Date The new...

MT: Husband discharged for wife's performance suffered marital status discrimination

Posted on December 11, 2008
(Mercer v McGee, MontSCt, November 13, 2008)A hearing examiner correctly awarded back pay to a resident manager of a Missoula apartment complex who claimed he was discriminated against based on marital status, the Montana supreme court ruled, affirming a district...

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The 2008 ABA Journal Blawg 100

Posted on December 10, 2008
The ABA Journal is running there 2008 Annual Blog review. You can vote for the best law related blog. Unfortunately, we are not one of those blogs you can vote for. In any event, the list includes a number of...

Sit Down Strike Over Closed Plant

Posted on December 10, 2008
Sitdown strikes were, and to some extent, still are an effective union organizing strategy. The only problem-and its a big problem-is that such activity is generally unprotected under the NLRA which means that the workers can be fired unless they...

4th Holds It Was Reversable Error Not To Admit "Me Too" Evidence of Discrimination

Posted on December 10, 2008
Ziskie v. Mineta, ___F.3d___ (4th Cir. Nov. 14, 2008) is an important decision. The 4th vacated the employer's grant of summary judgement because the lower court improperly disregarded as irrelevant her coworkers affidavits describing offensive language and conduct not experienced...

Lawyers Wanted-Abroad

Posted on December 10, 2008
Lawyers Wanted: Abroad , a November 21, 2008 New York Times article addresses a fact that not many of use are aware of. There is a job market for U.S. lawyers overseas. As the article states: Major American law firms...

Teacher Terminated For Voluntary Relationship With Former Student

Posted on December 09, 2008
Lehto v. Board of Education, ___A.2d____(Delaware Dec. 2, 2008), Download 175-2008.pdf is an important Education Law decision coming out of the Supreme Court of Delaware. A 34 year old male teacher's discharge for having a voluntary sexual relationship with a...

10th Issues Rare First Amendment Victory To Public Employee

Posted on December 09, 2008
Thomas v. CIty of Blanchard, ___F.3d___(10th Cir. Dec. 3, 2008) ,is a rare First Amendment public employment pro plaintiff case where the plaintiff was able to survive summary judgment. A terminated building code inspector brought a retaliation claim...

Plaintiff Loses FMLA Retaliation Claim

Posted on December 09, 2008
Phillips v. Mathews, ___F.3d___(8th Cir. Nov. 18, 2008), is an interesting decision. In a suit alleging interference and retaliation by a state-government employer in violation of the Family and Medical Leave Act (FMLA), summary judgment for defendants is affirmed where:...

Employer Does Not Prevail On Its Sexual Harassment Affirmative Defense Under Faragher

Posted on December 09, 2008
Puebla v. Denny's, ____F.3d____(5th Cir. Oct. 3, 2008), is an interesting sexual harassment decision concerning the employer's possible affirmative defense under Faragher. An employee who did not report sexual attacks by her immediate supervisor to that supervisor or to corporate...

Breaking News! Sitting Illinois Governor Criminally Charged For, Among Other Things, Trying To Sell Obama's Senate Seat

Posted on December 09, 2008
This is a sad day in American politics. The December 9, 2008 Chicago Tribune is reporting that in an indictment that was released, the sitting Illinois Governor sought to sell Obama's Senate seat. As the article states: Gov. Blagojevich considered...

American Constitutional Society For Law And Policy May Have Significant Influence

Posted on December 08, 2008
Legal Organizations May Become Influential Beyond Its Dreams is an important December 7, 2008 article from the Washington Post. It is about the American Constitutional Law Society or ACLS, a 7 year old liberal leaning legal organization that rivals the...

Surprise Surprise Unemployment Is On The Rise

Posted on December 08, 2008
We all know that the economy is in trouble. Now comes word that the unemployment rate is also increasing. A December 5, 2008 New York Times article reports that there were 533,000 job losses in November 2008. More significantly, this...

3rd In A Case Of First Impression Holds No Private Right Of Action Under No Child Left Behind

Posted on December 08, 2008
In a case of first impression in the federal courts of appeals, the Third Circuit, in Newark's Parent Ass'n v. Newark Public Schools, ___F.3d___(3d Cir. Nov. 20, 2008), held that the No Child Left Behind Act's (NCLBA) notice and supplemental...

Breach of Collective Bargaining Agreement Found By Court After Advisory Arbitration

Posted on December 08, 2008
Sheriff Officers Ass'n v. County of Nassau, ___Misc. 3d___(Nassau Co. Oct. 7, 2008), illustrates an important point. Where the parties have advisory arbitration in their contract, as opposed to final and binding arbitration, a suit may proceed for breach of...

Title VII Does Not Mandate A Happy Workplace

Posted on December 07, 2008
Sampath v. Concurrent Tech., ___F.3d___(3d Cir. Nov. 14, 2008), is illustrative of a basic part of employment discrimination jurisprudence. Title VII does not mandate a happy workplace. The fact that an employee may have been treated unfairly does not equate...

2d Runs Title VII SL From Date Seniority Is Lost; Not Date Of Termination

Posted on December 07, 2008
Alleyne v. American Airlines, ___F.3d___(2d Cir. Nov. 17, 2008), is an important Title VII procedural case. The court holds the the 300 day SL for filing a charge of discrimination with the EEOC runs from the date plaintiff lost his...

Board Issues Operation Memo On Duty To Mitigate In Salting Cases

Posted on December 06, 2008
Mitigation By Paid Organizers is an important Nov. 21, 2008 NLRB Operations Memo. It seems to state that SALTS who are discrimintees are entitled to back pay in certain circumstances even if they only look for work at non-union firms....

Lawyer Sanctioned $1000 For Unprofessional Conduct During Deposition

Posted on December 06, 2008
Sometimes you just cannot make things up. Matter of Cioffe v. Habberstad, ___Misc. 3d___(Nassau Co. Nov. 13, 2008)(registration required), is one of those cases where in an employment case sounding in defamation the court sanctioned plaintiffs counsel...

Authority of 2 Member NLRB To Issue Decisions Is Being Litigated

Posted on December 05, 2008
Last January, the Board lost several Members and has been operating with a two person Board, instead of the normal 5. The authority of the Board to act with only 2 Members is being challenged in several cases. One such...

Annual Bar Passage Rates For New York Law Schools Are Out

Posted on December 05, 2008
Cornell Tops in Bar Exam Pass Rate is an important December 5, 2008 for most New York area law students. It list bar passage rates by school for first time takers. This year Cornell topped the chart with a 99%...

Teacher Improvement Plan Not A Disciplinary Action And Therefore No Due Process Rights Attach

Posted on December 05, 2008
Marino v. Shoreman-Wading River, ___F.Supp. 2d___(E.D.N.Y. Nov. 20, 2008), is an interesting decision. (registration required). A school district imposed a teacher improvement plan on a tenured teacher. The teacher claimed that this was a form of discipline without due process...

IRS Increases 401(K) Deferral Amount and Social Security Taxable Wage Base

Posted on December 05, 2008
The IRS has announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2009 (see IR 2008-118). The limitation on annual salary deferrals into a 401(k) plan will increase from $15,500...

Changes in Store At the U.S. Department of Labor

Posted on December 04, 2008
Labor Department Accused of Straying From Enforcement is an interesting December 1, 2008, Washington Post article. It notes that the Bush labor department has been criticized for not doing its job, particularly with respect to enforcement issues. The Obama administration...

Adjunct Abuse

Posted on December 04, 2008
Breadth of Adjunct Use and Abuse is an important December 3, 2008 article from Inside Higher Education. It reports on a recent report by the AFT which outlines the increasing reliance colleges have on adjuncts and the poor pay adjuncts...

Undocumented Alien Entitled To Back Pay For Personal Injury

Posted on December 04, 2008
Matter of Coque v. Wildflower Estates, ___A.D.3d___(2d Dept. Nov. 12, 2008) is a major employment decision involving IRCA. A New York appellate court held that an undocumented alien who submitted a fraudulent Social Security card when applying for a job...

Student Suspended One Semester For Having urinatated In Ketchup Dispenser In Cafeteria

Posted on December 04, 2008
In Appeal of R.S., __Ed. Dept.Rep. ___, No. 15,841 (Oct. 15, 2008), the New York Commissioner of Education upheld a one semester suspension urinated in a ketchup dispenser and placed it in the high school cafeteria. Such appeals from decisions...

Bush Looking To Issue Midnight OSHA Regulations

Posted on December 03, 2008
Bush Aides Rush To Enact A Rule Obama Opposes is an interesting November 29, 2008 New York Times article about an OSHA rule that the Bush Administration is seeking to pass before it leaves office. As the article states: The...

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