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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

Dismissal recommended as the penalty for employee?s abuse of sick leave

Posted on June 21, 2009
NYC Department of Corrections v Auguste, OATH Index No. 2770/08 OATH Administrative Law Judge Joan R. Salzman, found that a New York City Department of Corrections correction officer, Emile Auguste, had left his residence repeatedly without permission while on sick...

If the Court Asks You More Questions, Your Likely To Loose

Posted on June 21, 2009
When Justices Ask Questions, Be Prepared To Loose, is an interesting May 25, 2009 New York Times article. It is about a study by a political scientist that confirms that the side that is asked the most questions is likely...

HAPPY FATHERS DAY!

Posted on June 21, 2009
FATHERS DAY is one of my best holidays. As you dads out there all know, there is nothing that matches being a dad. So enjoy your day. Happy fathers day! Mitchell H. Rubinstein

Court Room Attire

Posted on June 20, 2009
At A Symposium of Judges, A Debate On The Laws Of Fashion is an interesting May 22, 2009 article from the New York Times. It is about a panel discussion between 7th Circuit Judges and lawyers about how one should...

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Education Law Jobs

Posted on June 20, 2009
General Education / Labor & Employment Attorney Lozano Smith Los Angeles, California Special Education Attorney Lozano Smith Northern/Central California School Board Attorney Miami-Dade County Public Schools Miami, Florida School Law Attorney - Law Firm Brannan Legal Search Illinois Litigation Attorney...

Supremes Require But For Causation In ADEA Cases

Posted on June 19, 2009
Gross v. FBL Financial Services, 557 U.S. ___(June 18, 2009), is an extremely important ADEA case. The Court holds 5-4 that in ADEA cases "but for" causation must be established. The majority rejects the more liberal mixed motive standard under...

Employer Provided Cell Phones/PDA's and Taxes

Posted on June 19, 2009
The law firm of McGuire and Woods has recently summarized the taxability of cell phones provided by employers as follows: Under current law, employers may deduct the expense of providing employees with the use of such devices, and employees are...

Non-custodial parent cannot challenge adequacy of child's education under IDEA

Posted on June 19, 2009
Fuentes v. Board of Educ. of City of New York, ___F.3d___ (2d Cir. June 15, 2009), is an important special education decision to be aware of. The 2d Circuit held that a non-custodial parent lacked standing to bring suit under...

Labor and Employment Law Prof Moves

Posted on June 19, 2009
Workplace Prof Blog puts out a list of labor and employment law prof moves every year. This year's list is as follows: Entry Level Hires Ariana Levinson (visiting Louisville) to Louisville Jayesh Rathod (practitioner-in-residence at American) to American Deborah Widiss...

Single Unemployment Board Member Has Authority To Render Binding Decision

Posted on June 18, 2009
Palmatier v. Commissioner,___A.D. 3d___ (3rd Dept. June 11, 2009), caught my eye because the court held that a single member of the NYS Unemployment Insurance Appeal Board had the authority to render a binding decision. As readers to this blog...

2d Upholds Authority of NLRB To Issue 2 Member Decisions

Posted on June 18, 2009
Snell v. NLRB, ___F.3d____(2d Cir. June 17, 2009), adds to the debate whether the Board has the authority to issue decisions with only 2 Members. In a lengthly 23 page decision, the 2d holds that it does. This decision is...

Principal Of Corporation Not Entitled To Unemployment Insurance

Posted on June 18, 2009
What if your a principal of a business and are not earning any income. Are you entitled to unemployment insurance?? The answer appears to be no. As the court stated in Matter of Menkov v. Commissioner of Labor, ___A.D.3d___(3d Dept....

Employment Law Special Report On Federal Stimulus, Title VII and Personal Email Account Privacy

Posted on June 18, 2009
The New York Law Journal May 26, 2009 edition ran a special report on labor and employment law which contained the following articles: Broad Whistleblower Protection Under The Federal Stimulus Law Jyotin Hamid and Mary Beth Hogan, partners at Debevoise...

Discharge For Failing Drug Test Disqualifies Employee From Receiving Unemployment

Posted on June 17, 2009
Matter of Shugg v. Commissioner of Labor, __A.D.3d___(3d Dept. May 21, 2009), illustrates that an employee fired for failing a drug test is not eligible for unemployment. As the court explains: Substantial evidence supports the decision of the Unemployment Insurance...

International Law In Brief

Posted on June 17, 2009
Twice a month the attorney-editor of ASIL?s International Legal Materials publishes an electronic resource entitled International Law in Brief, which is a collection of analytical abstracts of and links to significant primary documents related to the latest developments in international...

11thCir: Court will rehear hostile work environment claim ruling

Posted on June 17, 2009
The Eleventh Circuit has agreed to rehear en banc Reeves v C.H. Robinson Worldwide, Inc, a case that will determine whether being subjected to sexually charged language that permeates the workplace is sufficient to establish a Title VII sex-based hostile...

Communism and Unions In The 1950's

Posted on June 17, 2009
When Suspension of Teachers Ran Unchecked In New York is an interesting article from the June 15, 2009 New York Times. It is about a lawsuit filed seeking information from the NYC Municipal Archives about teachers in the 1950's who...

Az Supremes Holds Spouse Entitled To Payments For Nursing Type Services Under Workers Comp

Posted on June 16, 2009
Professor Ted McClue, Adminstrative Law Prof Blog writes to inform us about Carbajal v. Industrial Commission is an important Workers Comp decision from the Supreme Court of Arizona. Download Workerscomp We do not cover Workers Comp matters much here...

E-Verify Rule Delayed Until September 8, 2009

Posted on June 16, 2009
E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees...

Federal Stimulus Law And Whistleblowers

Posted on June 16, 2009
Broad Whistleblower Protection Under The Federal Stimulus Law is an important May 26, 2009 New York Law Journal article. (free). It is about the Whistlebower provisions contained in the recently enacted federal stimulus. As the article states: In response to...

Hoffman Plastics And Labor Law Violations

Posted on June 16, 2009
Wage Recovery For Illegal Aliens In New York Under Labor Law is an important May 26, 2009 New York Law Journal article (registration required). It is about the Immigration Reform and Control Act of 1986, which outlaws the hiring of...

10 New Law Schools In the Works

Posted on June 15, 2009
A Deluge Of Law Schools is an interesting June 2, 2009 article from the National Law Journal. It reports that up to 10 new law schools have been proposed. Most of the schools are in the Northeast. As the article...

Girl Sports

Posted on June 15, 2009
A City Team's Struggle Shows Disparity In Girl Sports is an interesting June 13, 2009 N.Y. Times article. It is about girl participation in school sports in NYC. The article describes the importance of Title IX to girl sports as...

DOT rule requiring direct observation of urine testing upheld by D.C. Circuit

Posted on June 15, 2009
BNSF Railway v US Dep?t of Transportation, ___F.3d___(D.C. Cir. May 15, 2009), is an interesting decision. The court held that the US Department of Transportation acted neither arbitrarily nor capriciously in modifying its drug-testing regulations in 2008 to require that...

Texting During Jury Deliberations

Posted on June 15, 2009
Electronic Communications During Jury Deliberations (registration required) is an interesting May 18, 2009 New York Law Journal article. It documents recent cases and pending litigation where jurors used email, Twitter or Facebook during a criminal trial...

Farming College Internships

Posted on June 14, 2009
Many Summer Internships Are Going Organic is an interesting May 23, 2009 New York Times article. It is about the fact that a number of college students are working as interns on farms-at little or no pay. Some of these...

NY Labor Leader Sentenced To 10 Years

Posted on June 14, 2009
May 20th was a sad day for organized labor in New York. Brian McLaughlin, a seven term (yes seven term) NYS Assemblyman and the former head of the NYC Central Labor Council was sentenced to 10 years in prison and...

A Quasi-Law School

Posted on June 13, 2009
Legal Blog Watch has an interesting June 9, 2009 story entitled Another Law School Sort Of. It reports on American College of History and Legal Studies which is a branch of Massachusetts School of Law at Andover. The school, which...

Employers Spend 30% of Compensation On Employee Benefits 30%

Posted on June 13, 2009
Workplace Prof Blog is reporting on a new statistics just released from the Department of Labor?s Bureau of Labor Statistics These stats show that slightly over 30% of employee compensation consists of fringe benefits. The average wage (not including fringe...

Parent had no constitutional right to read scripture to kindergarten class

Posted on June 12, 2009
Busch v. Marple Newtown Sch. Dist., No. 07-2967 (3d Cir. June 1, 2009), is an interesting case. The Third Circuit held that a school district did not violate a student?s or his parents? free speech or Establishment Clause rights by...

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