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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

School Law Jobs

Posted on March 12, 2011
School Law Jobs Job Title Employer Job Location Director of the Education and Legal Alliance/Assoc. General Counsel California School Boards Association Sacramento, California Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California School/Employment Law Attorney Carter Mathis San...

Conference On The Theology and Dignity of Work This Friday and Sat. at St. John's Law School

Posted on March 12, 2011
This Friday (March 18th) and Saturday (March 19th), there is an important conference at St. John's Law School on the Theology and Dignity of Work. This conference could not be more timely and interesting. The list of speakers is unbelievable...

Employee who presented evidence of her supervisor's age-based comments and replacement by a 16-year-old could pursue age bias claims

Posted on March 11, 2011
Judge Sweet of the S.D.N.Y. recently held that a 54-year-old secretary-receptionist, who was terminated after more than 19 years on the job, could proceed with her ADEA, New York and New York City law claims of age dicrimination. Hird-Moorhouse v...

An LOA Can Be A Required Reasonable Accommodation

Posted on March 10, 2011
In McGhee v Sovereign Healthcare of Bonifay, LLC, ____F.Supp.2d____(N.D.Fla. October 4, 2010), the plaintiff alleged that her employer discriminated against her due to her depression, in violation of the ADA and state law, and failed to restore her to the...

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PERB finds employer dismissed probationer because of union activity; orders employee to be given a second probationary period

Posted on March 09, 2011
CSEA Local 1000 and Westchester County, 32 PERB 3017 Westchester County terminated probationary employee Michael Holcomb. CSEA objected, contending that Holcomb was discharged because of his participation in union-related ?protected activities? in violation of the Taylor Law...

US News May Begin Ranking Law Schools In The Third Tier

Posted on March 08, 2011
Reportedly, U.S. News may begin ranking law schools who fall into the third tier. Currently, U.S. News ranks the top 100 schools. Unoffically, the first 50 are tier 1, the second 50 are tier 2. Then there is an unranked...

FMLA Does Not Cover Faith Healing Trip

Posted on March 07, 2011
Tayag v. Lahey Clinic, ____F.3d____(1st Cir. Jan. 22, 2011), is both an interesting and important case. The First Circuit held that a company that fired a woman for taking unapproved time off to accompany her husband on a ?faith healing?...

As New York arbitration law is in accord with the policies of the Federal Arbitration Act, New York law governs federal court review of New York award

Posted on March 06, 2011
County of Nassau v Chase, United States Court of Appeals, Second Circuit, No. 09-3643-cv, Summary Order Chase and other parties appealed a federal district court's granting Nassau County?s motion to confirm an arbitration award. As the contract between the parties...

School Law Jobs

Posted on March 05, 2011
School Law Jobs Job Title Employer Job Location Director of the Education and Legal Alliance/Assoc. General Counsel California School Boards Association Sacramento, California Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California School/Employment Law Attorney Carter Mathis San...

More On Public Sector Union Busting. Ohio Wants To Designate Prof.'s As Managerial Employees

Posted on March 05, 2011
Joe Hodnecki, over at Law Librarian Blog follows up on a posting I did on Union Busting in Wisconsin and elsewhere. Joe points out that a proposal in Ohio would designate professors as managerial employees. Joe does not view this...

Professional Consultants Are Employees and Not Independent Contractors

Posted on March 04, 2011
Matter of Wells v. Commissioner of Labor, ___A.D.3d___(3d Dept. Oct. 7, 2010), is an interesting unemployment case. Applying the right to control test, the court held that professional consultants were employees, reasoning: Initially, we note that the existence of an...

Individuals receiving unemployment Insurance Benefits are ineligible to receive ineligible to receive emergency unemployment compensation benefit

Posted on March 03, 2011
Matter of Umpierre v Commissioner of Labor, 2011 NY Slip Op 00470, Appellate Division, Third Department Jose A. Umpierre, received unemployment insurance benefits for a benefit year beginning in February 2008, which were paid for the full duration permitted (see...

Teachers have standing under Michigan Constitution to sue school board for failure to comply with statutory duty to expel students who have assaulted a teacher

Posted on March 02, 2011
Lansing Sch. Educ. Ass?n v. Lansing Bd. of Educ., No. 138401 (Mich. Jul. 31, 2010), is an interesting case. The Michigan Supreme Court held 4-3 that teachers who were allegedly physically assaulted by students have standing to bring suit against...

What Does Snyder Mean For First Amendment Employment Law

Posted on March 02, 2011
In case you have been under a bus, earlier today the Supreme Court decided Snyder v. Phelps, 562 U.S.___(March 2, 2011). In a 6-1 well written opinion, the Court held that picketing at a miltary war hero's funeral was constitutionally...

Workplace Bullying In New York

Posted on March 01, 2011
On Jan. 21, 2011, the New York Law Journal published an interesting article on Workplace Bullying. Download Workplace bullying Workplace Bullying involves situations not covered by exisiting laws such as Title VII. The article discusses Legislation pending in New York...

Union Busting In Wisconsin And In Other Parts of the Country

Posted on February 28, 2011
There is an assault on public sector workers throughout many parts of this country. Most of it is centered on the fact that public sector workers often contribute less for health insurance and pensions than their private sector counter parts....

Compelling Reason For Absence Does Not Excuse Misconduct

Posted on February 28, 2011
Matter of Rivers v. Commissioner of Labor, ___A.D3d___(3d Dept. Oct. 7, 2010), is a tough unemployment decision. The law is settled that an employee who is terminated for misconduct is not eligible for unemployment. The law is also settled that...

Federal court orders Chicago Board of Education to rescind reduction in force of tenured teachers

Posted on February 27, 2011
Chicago Teachers Union v. Bd. of Education of the City of Chicago, ___F.Supp. 2d___(N.D. Ill. Oct.4, 2010), is an interesting case. A federal district court granted the Chicago Teachers Union?s (CTU) motion for preliminary and permanent injunctions, ordering the Chicago...

10 Most Historic College Campuses in the World

Posted on February 26, 2011
Complied by onlinecollege.org: University of Bologna University of Oxford University of Salamanca University of Modena University of Vicenza University of Cambridge University of Padua University of Naples Federico II University of Siena University of Coimbra Mitchell H...

Ledbetter Act did not save untimely failure-to-promote claim

Posted on February 25, 2011
The 3rd Circuit recently held, in a case of first impression in the circuit, that under the Lilly Ledbetter Fair Pay Act of 2009 (FPA), an employee?s failure-to-promote claim did not constitute ?discrimination in compensation.? Noel v The Boeing Co,....

Symposium on Technology in the Workplace April 27-29

Posted on February 25, 2011
Bill Herbert writes to tell us about the ABA National Symposium on Technology in Labor and Employment Law scheduled for April 27-29, 2011 at New York Unversity School of Law. Below is a link to the announcement: http://www2.americanbar.org/calendar/ll04271-national-symposium/Pages/default...

Employer Has No Obligation To Accommodate Employee With Respect To His Commute

Posted on February 24, 2011
Commuting is a fact of life for millions of employees-particularly those that work in major cities such as New York and LA. Does an employer have an obligation to accommodate an employee by allowing him to work at home? No...

Proposed New Jersey legislation would require school districts to provide middle and high school students with dating violence education

Posted on February 23, 2011
The Philadelphia Inquirer reported that the New Jersey Assembly?s Education Committee has sent a bill to the full legislature that would require that faculty and certain staff members be trained to recognize and handle dating violence among students. The bill...

Male oil rig employee failed to make out claims of male-on-male sexual harassment, couldn?t show treatment was based on gende

Posted on February 22, 2011
Plaintiff, a male oil rig employee was unable to pursue his Title VII and state law claims that he was subjected to sexual harassment by a male coworker and retaliated against for complaining, because he failed to show that the...

School district?s denial of non-custodial parent?s access to children while in school does not violate her rights under either U.S. or Iowa Constitutions

Posted on February 21, 2011
Schmidt v. Des Moines Pub. Sch., ____F.Supp. 2d___(S.D. Iowa Sept. 23, 2010), is an interesting case. A federal district court in Iowa held that a school district did not violate a non-custodial parent?s substantive due process, procedural due process, and...

Failing To Include Parents In IEP Meeting Denies Student FAPE-But No Relief Ordered As No Harm

Posted on February 20, 2011
A federal court recently held that an Ohio school district denied FAPE to a student with multiple disabilities by failing to make adequate efforts to include her parents at an IEP team meeting. However, the court declined to award relief,...

School Law Jobs

Posted on February 19, 2011
Job Title Employer Job Location Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California School/Employment Law Attorney Carter Mathis San Francisco, California Special Education Attorney Lozano Smith Fresno, California School...

Hawaii Set To Recognize Civil Unions

Posted on February 19, 2011
Hawaii?s legislature joined six other states Wednesday, approving same- sex civil unions. Governor Neil Abercrombie is expected to signS.B. 232, ?Relating to Civil Unions? by February 26, 2011. Five other states, plus the District of Columbia, permit same-sex marriage...

School district is not liable for negligent failure to supervise two students who murdered another student off-campus after school hours

Posted on February 18, 2011
Stoddart v. Pocatello Sch. Dist. #25, No. 36434 (Idaho Sept. 20, 2010) is an interesting case. The Supreme Court of Idaho held that a school district was not responsible for negligent failure to supervise two students who murdered another student...

Using Social Media Sites To Organize Woman and Younger Workers

Posted on February 17, 2011
Readers may find that a recent report, by the Labor Project for Working Families, Cornell ILR Programs and University of California Berkeley Labor Center interesting. This report includes highlights of interviews with 23 organizers about how they use new social...

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