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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

Discharge proper of employee who refused to submit to return-to-work exam

Posted on November 24, 2008
Joyner v Simkins Indus, Inc, ___A.2d___(Conn Ct. App. November 4, 2008), is an interesting state employment law case where the court rejected the plaintiff's public policy argument. The court held that the employer did not violate public policy underlying the...

4th Holds Plaintiff's Allegations of Cover-Up Dooms His Title VII Case

Posted on November 23, 2008
Lightner v. City of Wilmington, ___F.3d___(4th Cir. Nov. 3, 2008), is an important case. It illustrates that Title VII is not a just cause statute and it does not protect against cover-ups, personality conflicts or even disparate treatment unless it....

Identity Theft and Privacy Protection

Posted on November 23, 2008
New York recently published a guide which outlines steps consumers could take to protect against identify theft and to help assist people who have already fell victim to identity theft. That guide is available here and may be useful to...

White and Case Lays-Off 70 Associates

Posted on November 22, 2008
The November 17, 2008 National Law Journal is reporting that White and Case, a white shoe New York Law firm is laying off 70 associates. That article is available here. White and Case is the 6th largest firm in the...

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As Economy Falls, Applications To Public Colleges Soar

Posted on November 22, 2008
As Economy Falls, LI Colleges Soar is an interesting Nov. 2, 2008 New York Newsday article which states that applications to Long Island's public universities is soaring due to the economic decline. As the article states: Compared to this time...

Cert petition pending over whether workplace/campus stalking constitutes sex harassment?

Posted on November 21, 2008
Martin v. Howard University, is a very interesting case involving the question whether campus stalking could constitute sexual harassment where the University is aware of it and does nothing. To make the case even more interesting, the case involves a...

Commissioner of Education Issues Primer On Student Residency

Posted on November 21, 2008
Student Residency cases are fairly common. They are important because a student usually goes to school where he resides. Sometimes, parents try to enroll their students in a "better" district that may be located a few miles away. Appeal of...

3 Month Suspension Upheld In Student Discipline Case

Posted on November 21, 2008
In New York students can appeal their suspension to the Commissioner of Education. I Bring Matter of C.R, ___Ed. Dep't. Rep. ___(Oct. 1, 2008), to your attention because it contains an nice summary of the applicable law. The Commissioner described...

False Doctors Note Leads To Public Employee's Termination

Posted on November 21, 2008
Forging a medical note to excuse absence Admin. for Children's Services v. Murray, OATH Index No. 2515/08 A clerical associate admitted forging a doctor's note to excuse a three-day absence after he was involved in a car accident. Noting that...

St. John's Law School Mourns The Passing Of Its Dean

Posted on November 21, 2008
Since so many of our readers are from the St. John's community, I thought I should let people know that yesterday I became aware that our Dean, Mary Daly passed away after a long illness. SJU's announcement is available here....

2d Enforces NLRB Finding Unlawful Unilateral Change

Posted on November 20, 2008
Cibao Meats v. NLRB, ____F.3d____(2d Cir. Nov. 2, 2008), is an interesting case where the 2d enforced the decision of the NLRB below. The court approved of the Board's order which held that because the employer unilaterally ceased payments to...

Use of profanity toward a supervisor

Posted on November 20, 2008
Health & Hospitals Corp. (North Bronx Healthcare Network) v. Wolfe, OATH Index No. 2844/08 Evidence at the hearing established that a hospital service aide used profanity toward his supervisor and asked him to "step outside." ALJ Tynia Richard also credited...

Employee Misclassification Protection Act Introduced

Posted on November 20, 2008
Senator Kennedy is still hard at work. On September 29, 2008, he introduced S. 3648. If enacted, this statute would amend the FLSA to provide for harsher employer penalties for misclassifying workers as independent contractors. The Bill imposes a $10,000...

New York Criminal Practice Blog

Posted on November 20, 2008
There is a new blog in town that focuses on New York Criminal Practice and Procedure. It is run by Professor Larry Cunningham, a legal writing professor at St. John's Law School. Professor Cunningham explained his reasons for starting this...

Law Professor Suit Against His Students Settled!

Posted on November 19, 2008
As reported on Adjunct Law Prof Blog here on April 30, 2008, and here on May 2, 2008, a University of Arkansas,Little Rock William H. Bowen School of Law professor actually sued his students for defamation. Why? They accused him...

UAW and Big 3 Seek Bailout

Posted on November 19, 2008
Clout Has Plunged For Automakers and Union Too is an interesting Nov. 17, 2008 New York Times article. It discusses the fact that both the Big 3 automakers and the UAW will be seeking Bailout monies from Congress. However, as...

Individual rather than the court responsible for identifying the ?cause of action?

Posted on November 19, 2008
Zimmer v Secretary of Department of Homeland Security, USCA, 3rd Circuit, Docket #08-1590, October 22, 2008 [not precedential] Lawrence Zimmer appealed an order by the United States District Court for the Middle District of Pennsylvania, that dismissed his employment discrimination...

The Workplace Religious Freedom Act of 2008

Posted on November 19, 2008
The Workplace Religious Freedom Act of 2008 is a pending Bill, S. 368, that has been introduced by Senator John Kerry. It amends Title VII to require accommodation of religious practices. It amends the definitional section of Title VII. You...

Employer not required to provide union with the work e-mail addresses of its employees

Posted on November 18, 2008
Professional Staff Congress, AFT Local 2334 and City University Of New York, PERB Decision U-27641 City University did not violate the Taylor Law when it refused to provide the Professional Staff Conference with email addresses for employees at work. PERB?s...

Staying Abreast Of EEO Cases

Posted on November 18, 2008
As regular readers to this blog know, Jack Sargent, a retired EEOC attorney, publishes a Free Internet Newsletter entitled EEO INews which includes links and commentary to recently decided EEO cases. It is a wonderful way to stay abreast of...

Morgan Lewis Barred From Litigation Because It Offerred To Represent Witness

Posted on November 18, 2008
Morgan Lewis is one of this nation's premier employment law firms. However a Oct. 29, 2008 law.com article entitled "Judge Calls Morgan Lewis Actions A Bid To Thwart Informal Discovery" May Tarnish there reputation. What happened? They reportedly approached a...

No Personal Liability Under Illinois Employee Classification Act

Posted on November 18, 2008
Chicago Reg'l Council of Carpenters v Sciamanna, Inc, ___F. Supp. 2d___ ( N. D. Ill, October 23, 2008), is an important employment law case of first impression concerning the Illinois Employee Classification Act, which aims to minimize the improper classification...

President Elect Obama And Blackberrys

Posted on November 16, 2008
Say Goodbye To Blackberry ? Yes He Can Maybe is a very interesting Nov. 15, 2008 New York Times article. It discusses how Obama has been dependent on his blackberry as well as technology. The article postulates that Obama may...

Minority Enrollement In Law Schools On The Decline

Posted on November 16, 2008
Deans, Professors Ponder Reasons For Decline in Minority Enrollment is an interesting Nov. 14, 2008 New York Law Journal Article. (free with registration). Its about a trend towards decreasing minority enrollment in law schools. Why? The article ponders that this...

7th Defines Who Is A Supervisor Under Title VII

Posted on November 16, 2008
Andonissany v. Hewlett-Packard Co., ___F.3d___(7th Cir. Nov. 7, 2008), is an important decision that has gone virtually unnoticed. In this Title VII, racial harassment case, the court had to define who a supervisor was under Title VII. The court narrowly...

Online Law Schools

Posted on November 16, 2008
Online grads: Older No Slackers is an interesting Nov. 3, 2008 National Law Journal article about online legal education. It focuses on perhaps the best well known of these programs, Concord Law School. Concord reportedly has graduated 525 students and...

DOL To Issue New and Updated FMLA Regs

Posted on November 15, 2008
On Nov. 17, 2008, the DOL will publish the first revisions to its rules since the statute was enacted in 1993. A copy of the current rules are available here. The revised rules and comment are available here. They span...

Washington D.C. Proposes To Eliminate Teacher Tenure

Posted on November 14, 2008
A School Chief Takes On Tenure is an important November 13, 2008 New York Times article. It is about the Washington D.C. Superintendent's quest to eliminate tenure in exchange for huge teacher raises, perhaps up to $40,000. As the article...

Book Review Highlight-Heinsz, Nolan and Bales LABOR LAW (6th ed. 2009)

Posted on November 14, 2008
Move over Cox, Bok, Gorman and Finkin, there is a new labor law text in town. It is Labor Law Collective Bargaining in a Free Society (6th Ed. 2009) by the late Timothy J. Heinsz, Dennis Nolan and Richard Bales....

Employees and retirees covered by a health insurance plan must be advised of changes

Posted on November 14, 2008
Orth v Wisconsin State Employees Union Council 24 et al, USCA 7th Circuit, Docket # 07-2778. A collective bargaining agreement between the employer (Council 24 of the Wisconsin State Employees Union) and the union that represented Mr. Orth prior to...

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