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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

City to pay 100% of the cost of health insurance for retired firefighters

Posted on January 19, 2010
Matter of Gooshaw v City of Ogdensburg, 2009 NY Slip Op 08738, ___A.D.3d ___ (3d Dept. November 25, 2009), is an interesting case. I bring it to your attention because the court allowed a breach of contract action alleging a...

Collective wisdom on grading law students

Posted on January 19, 2010
For all of our adjunct readers courtesy of the TaxProf Blog: Michael Froomkin (Miami), IL Grades Amy Jarmon (Texas Tech), The Numbers Game Orin Kerr (George Washington), Judgment Calls in Grading Law School Exams Orin Kerr (George Washington), Thought on...

A day-in-the-life video of a deferred BigLaw associate helping the poor

Posted on January 19, 2010
Over the past year, hundreds - if not thousands - of recent law grads have had their jobs with BigLaw indefinitely deferred until the economy gets better. Some of those firms doing the deferrals have given grads the opportunity to...

Principal of Business Who Does Little Work Is Not Eligible For Unemployment

Posted on January 18, 2010
Matter of Bernstein v. Commissioner of Labor, ___A.D. 3d___(3d Dep't. Nov. 25, 2009), reminds us that an individual most be totally unemployed to be eligible for Unemployment Insurance. If you start your own business you are not totally unemployed. As...

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2d Dismisses Discrimination Case Based Upon Mandatory Retirement Rule Applicable To Ministers

Posted on January 18, 2010
Hankins v. The N.Y. Annual Conf. of the United Methodist Church, No. 07-4556 (2d Cir. Oct. 13, 2009)(Unpub) is an interesting decision. The 2d affirmed the dismissal of a age discrimination case brought by a minister alleging that the mandatory...

Stalemate Continues At The NLRB

Posted on January 18, 2010
Labor Panel Is Stalled By Dispute on Nominee is an interesting Jan. 14, 2010 NY Times article by Steven Greenhouse. In this article, Greenhouse explains that Senator McCain is holding up the nomination of Craig Becker, a lawyer at the...

District court's relevance standard too restrictive in denying enforcement of EEOC subpoena

Posted on January 17, 2010
EEOC v United Parcel Service, Inc, ___F.3d____(2d Cir.November 19, 2009), is a type of employment discrimination procedural case that we do not see very often. The 2d Circuit held that the lower court applied too restrictive a standard of relevance...

Underwriters were not administrative employees exempt from overtime pay

Posted on January 17, 2010
Whalen v J.P.Morgan Chase & Co, ___F.3d____(2d Cir. November 20, 2009), is an interesting FLSA case. the 2d Circuit held that underwriters who approved loans in accordance with detailed guidelines provided by their employer were not administrative employees exempt from...

School Law Jobs

Posted on January 16, 2010
Job Title Employer Job Location Schools Legal Service Counsel III Schools Legal Service Bakersfield, California General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California General Education / Labor & Employment Attorney Lozano Smith Los...

Education Law AttorneyJobs

Posted on January 16, 2010
School Law Jobs Job Title Employer Job Location General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California General Education / Labor & Employment Attorney Lozano Smith Los Angeles, California Special Education Attorney Lozano Smith...

Leaving A Job For Personal Reasons Disqualifies You From Unemployment

Posted on January 15, 2010
Matter of Rizza v. Commissioner of Labor, ___A.D. 3d___(3d Dept. Nov. 19, 2009), is an interesting decision. A cook left his job after an argument and he became fearful that violence may erupt. Remarkably, the court held that plaintiff left...

Doctor failed to show speech was factor in adverse employment action

Posted on January 15, 2010
Couch v Board of Trustees of the Mem'l Hosp of Carbon County, ___F.3d___(10 Cir. November 17, 2009), is an interesting case. The 10th held that adverse employment actions taken against a doctor after he advocated that a hospital institute a...

Jury Verdict Research In Employment Discrimination

Posted on January 15, 2010
Ever wonder what percent of jury verdicts employers win? Manpower Employment Law Blog reports that employers win 39% of the cases and the median award for all types of employment claims rose a whopping 60% in the past year, from...

No right to jury trial on ERISA and LMRA claims for retiree health benefits

Posted on January 15, 2010
Winnett v Caterpillar, Inc, ____F.Supp.2d____(M.D. Tenn.November 16, 2009), is an important decision to be aware of. The court held that retirees and beneficiaries of Caterpillar, who sought declaratory and injunctive relief for lifetime no-cost retiree health care benefits, were not...

It's A ULP To Unilaterally Transfer Work And To Not Supply Union With Relevant Information

Posted on January 14, 2010
I bring American Benefit Corp., 354 NLRB No. 129 (Jan. 8, 2010), to your attention because it reviews several fundamental principles of labor law. The decision contains an excellent review of unilateral changes, union waivers of the right to bargain....

Wage settlement excluded from coverage of employment practices liability insurance

Posted on January 14, 2010
Payless Shoesource, Inc v The Travelers Cos, Inc, ____F.3d____(10th Cir. November 10, 2009), is an interesting case. The 10th held that the terms of an employer's employment practices liability insurance policy did not require an insurance company to cover the...

Rehab Act applies to independent contractors

Posted on January 14, 2010
Fleming v Yuma Regional Med Ctr, ___F.3d____(9th Cir. November 19, 2009), is an important case. The 9th held that the Rehabilitation Act applies to independent contractors, as well as employees. In a case arising from a medical center's failure to...

Student expelled for threats on MySpace sues Nevada district

Posted on January 14, 2010
Landon Wynar, a former Douglas High School student, expelled and arrested after he allegedly issued threats over MySpace is suing the school district in federal court, according to the Gardnerville Record Courier. The suit claims Douglas County School District violated...

New Jersey student sues when barred from participating in day of silence anti-abortion protest

Posted on January 13, 2010
The AP reported that a New Jersey high school student has filed suit in federal court, claiming school administrators violated her First Amendment free-speech and religious-freedom rights when they said she couldn't participate in a day of silent protest against...

Federal government jobs website bars agencies from discriminating based on gender identity

Posted on January 13, 2010
USAJobs.com, the federal government?s job website, now states in its EEO policy statement that federal agencies are barred from discriminating against applicants and employees based on gender identity. In a January 6 statement, Human Rights Campaign (HRC) media director Michael...

Elementary student in Arkansas vows to refuse to recite Pledge until gays and lesbians attain equal rights

Posted on January 13, 2010
An elementary school student told CNN during an interview that America isn't following the meaning or spirit behind the Pledge of Allegiance, and had decided he won't say the Pledge until gays and lesbians are given the same rights as...

NJ: Female company owner?s business-to-business sex harassment complaint reinstated

Posted on January 13, 2010
J.T.'s Tire Serv, Inc v United Rentals NA, Inc, ___N.J. Super. (N.J. App. Div. January 6, 2010), is an interesting case out of New Jersey. A female company owner stated a cause of action for a discriminatory refusal to do...

Elementary student in Arkansas vows to refuse to recite Pledge until gays and lesbians attain equal rights

Posted on January 12, 2010
An elementary school student told CNN during an interview that America isn't following the meaning or spirit behind the Pledge of Allegiance, and had decided he won't say the Pledge until gays and lesbians are given the same rights as...

Tenth Circuit rules in favor of 2-member Board authority. Decisions are now 5-to-1 in Board's favo

Posted on January 12, 2010
We have been covering the issue whether the NLRB has the authority to issue 2 Member Board decisions. There is a conflict in circuits and this issue is now before the Supremes. The 10th Circuit recently issued a decision and...

Anti-bullying legislation gains momentum in Massachusetts

Posted on January 12, 2010
The Boston Globe reported that the Massachusetts legislature appears poised to crack down on bullying among schoolchildren, with hearings beginning this week on nearly a dozen bills that would force local schools to respond more aggressively to instances of cruelty...

Study suggests that when adjuncts push for better job security, better pay follows

Posted on January 11, 2010
Apropos to the story below, a recent study suggests that contigent faculty who push for better job security wind up with better pay as well. If adjunct faculty members want to improve their working conditions, they might be better off...

Some progress made among contingent literature and language profs

Posted on January 11, 2010
The Chronicle of Higher Ed reported that at the recent Modern Language Association convention in Philadelphia, contingent and other non-tenure faculty feel their voices are being better heard these days. What a difference a decade can make. Little more than...

School board policies restricting public comment at meetings are constitutional

Posted on January 11, 2010
In Lowery v. Jefferson County Bd. of Educ., No. 07-6324 (6th Cir. Nov. 12, 2009), the Sixth Circuit held that a Tennessee school board?s policy limiting public comment at board meetings did not violate parents? free speech rights. It concluded...

Immigration Law - Department of Labor Increases Scrutiny of Sponsoring Employer

Posted on January 11, 2010
The New York Law Journal recently published an interesting article on the increasing scrutiny placed on sponsoring employers under IRCA. A copy of that article is available by clicking Download 130109-1 As the article states:The U.S. government's interest in protecting...

More law schools experiment with laptop bans

Posted on January 11, 2010
U. of Chicago already bans them in the classroom. At Villanova, although the administration has not implemented a school wide ban, several profs prohibit them from the classroom. And at Albany, the administration is letting students keep their laptops but...

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