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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

Muslim Associate States Cause of Action Against Large Law Firm For Post 9-11 Discrimination

Posted on January 09, 2009
Hasan v. Foley & Lardner, ___F.3d___(7th Cir. Dec. 15, 2008), is an interesting decision where a Muslim associate stated a cause of action for employment discrimination based upon his post 9-11 termination. Interestingly, after 9-11, this associate went of T...

Assistant Principal Whistleblower States 1983 Cause of Action

Posted on January 09, 2009
Moore v. Middletown Enlarged City School Dist., ___A.D.3d___(2d Dep't. Dec. 19, 2008), is an important decision to be aware of. An Assistant Principal averred that the District retaliated against him by eliminating his position after he reported his concerns regarding...

Even A Rabbi Can Have An Employment Law Problem

Posted on January 08, 2009
Friedlander v. Port Jewish Center, ___F.Supp.2d___(E.D.N.Y. Dec. 18, 2008)(registration required), demonstrates that even a Rabbi can have an employment law problem. Here, the court dismissed a rabbi's breach of contract action on the basis of the First Amendment...

Drug Testing of Teachers

Posted on January 08, 2009
The December 8, 2008 National Law Journal had an interesting article entitled Drug Testing Teachers Triggers Legal Battles (registration required). It is about recent challenges to random drug testing of teachers which have been adopted by some Boards of Education...

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Board Issues Decision Concerning Jurisdiction Dispute

Posted on January 08, 2009
We do not cover jurisdictional disputes between unions much on this blog. My sense is also that there are not many such cases. In Laborers International, 353 NLRB No. 62 (December 12, 2008), the Board outlined the criteria it applies...

NLRB Reaffirms That Drug and Alcohol Testing Is A Mandatory Subject Of Bargaining

Posted on January 08, 2009
Last September, in Union Tribune, 353 NLRB No. 2 (Sept. 9, 2008), the Board reaffirmed its long standing position that a drug and alcohol testing is a mandatory subject of bargaining. Thus, the newspaper employer violated its duty to bargain...

Why There Can Never Be True Peace In the Middle East Unless The Hamas Terrorists Are Killed

Posted on January 07, 2009
The tragic events that are unfolding in Israel provides an opportunity for me to share my personal experiences and why I believe that there never will be true peace in the Middle East-at least not in my lifetime or my...

Book Review Highlight-2009 Discipline Book Supplement

Posted on January 07, 2009
On April 10, 2008, I reviewed the Discipline Book which is the only work of its type which reviews public sector labor and employment disciplinary cases in New York. That review is available here. Additional information about how to purchase...

Milwaukee Becomes Third Municipality to Require Mandatory Paid Sick Leave for Employees

Posted on January 07, 2009
The Law Firm of Jackson Lewis has reported that Milwaukee has become the third municipality to require paid sick leave for employees. As the article states: Voters in the City of Milwaukee overwhelmingly approved a referendum requiring private employers in...

Promptly Paying Employee Backpay Negates Adverse Employment Action For Failure To Promote

Posted on January 07, 2009
Jackson v UPS, ___F.3d___ (8th Cir. December 4, 2008), is an important Title VII decision. The 8th held that a black female employee who was demoted after she caused an accident on her first day in her new job failed...

Obama Administration Seeks To Overturn Ledbetter Decision

Posted on January 06, 2009
The Jan. 4, 2009 New York Times is reported that President Elect Obama hopes to overturn the 2007 Ledbetter decision which narrowly interpreted the statute of limitations under Title VII which held that a charge must be filed within 180...

Home Schooling On The Rise

Posted on January 06, 2009
The Jan. 5, 2009 edition of USA Today reported that the number of children being Home Schooled is rising. As the article states: The ranks of America's home-schooled children have continued a steady climb over the past five years, and...

State Disability Law May Differ From The ADA

Posted on January 06, 2009
Matter of Rappo v. NYS Division of Human Rights, ___A.D.3d___(3rd Dept. Dec. 2, 2008), demonstrates that state law may differ than federal law. Sometimes state law is more restrictive and sometimes it provides more protection for employees. Here, at the...

1st Holds High Level Employee Can Be Terminated Because of His Political Affiliation

Posted on January 06, 2009
Nader v. Blair, ___F.3d___(4th Cir. Dec. 12, 2008), is an interesting decision. Employer's motion for summary judgment was properly granted on Appellant's claims that she was unlawfully terminated based on her political affiliation. The position of Assistant Director at the...

Transition from Semester to Semester

Posted on January 06, 2009
New Years Resolution # whatever--blog more often. This is always a funny time. Balancing holidays with exam grading and starting the new semester (as we did yesterday) before finishing the old (a sizeable stack of bluebooks remains). One of those...

States Enact Cyber-Bullying Legislation

Posted on January 05, 2009
In Several States, A Push To Stem Cyber Bullying is an interesting Jan. 1, 2009 article from the Washington Post. It reports that with the increased use of computers and cell phones, cyber bullying is on the increase. As a...

General Counsel Memo On Withdrawal of Recognition

Posted on January 05, 2009
General Counsel Memo 09-04 (Nov. 26, 2008), updates the standards with respect to withdrawals of recognition after Levitz. Under Levitz, a withdrawal of recognition is only lawful if the employer can demonstrate that the union in fact lost its majority...

1st Finds Arbitration Agreement Precludes Title VII Case

Posted on January 05, 2009
Pelliter v. Yellow Transportation, ___F.3d___ (1st Cir. Dec. 10, 2008) is an interesting case. In a suit against defendant-former employer alleging federal and state law claims of sex discrimination, age discrimination, and whistleblower retaliation, grant of summary motion in favor...

9th Issues Major Decision Holding Union Can Arbitrate Changes In Retiree Health Benefits

Posted on January 05, 2009
Health benefits are a major cost to employers. In recent years, employers have sought to reduce their costs by eliminating retiree health benefits even though it may be provided for in a CBA. The legal issue, and it is a...

Expressing Concerns About Billing Practices Not Enough To Establish SOX Whistleblower Violation

Posted on January 04, 2009
Platone v US Dep't of Labor, ___F.3d___(4th Cir. December 3, 2008), is an interesting SOX case which we do not report on that often. An employee who merely alerted management to billing discrepancies did not engage in protected conduct under...

Internet Legal Resources

Posted on January 04, 2009
Checkout Lexisweb.com. It is a legal search engine which searches the internet for legal related materials. Additionally, Jureeka is a Firefox browser service aimed at lawyers that turns legal cites into hyperlinks Remember that the Wayback Machine allows readers to...

State Constitutional Secret Ballot Provisions

Posted on January 03, 2009
Professor Jeff Hirsh over at Workplace Prof Blog has a very interesting posting about some proposed state secret ballot constitutional provisions. He cites to a December 30, 2008 A.P. article from the Atlanta Journal-Constitution which is about a business coalition's...

Lawsuit Abuse

Posted on January 03, 2009
This web site, facesoflawsuitabuse is an anti-lawyer site about lawsuit abuse. For example, its fact sheet provides: 75% of voters say lawyers benefit the most from lawsuits; only 4% say victims do. Election night poll of 800 voters conducted on...

Parents Were Not Prevailing Parties Under IDEA Because District Voluntarily Complied

Posted on January 02, 2009
The attorney fees provision is an important part of the IDEA. Without it, many parents would not be able to challenge school district actions. Bingham v. New Berlin School Dist., ___F.3d___(7th Cir. Dec. 4, 2008), demostrates however, that it is...

Union Member Required To Exhaust Administrative Remedies Before Suing His Union

Posted on January 02, 2009
Paulino v. New York Printing Pressman, ___F.3d___(2d Cir. Dec. 3, 2008) involves certain important principles under the LMRDA. Specifically, that a union can discipline its members, union members are entitled to a hearing, but that they must first exhaust administrative...

Employer Wage Deductions May Be Unlawful Under State Labor Law

Posted on January 02, 2009
Wage Deductions: Labor Law Section 193 Pachter v. Bernard Hodes is an interesting December 11, 2008 New York Law Journal article (registration required), which reminds us about the importance of state labor law. In New York, Labor Law Section 193...

6th Dismisses DFR Case On The Basis of Statute of Limitations

Posted on January 02, 2009
Sometimes it is important to bring to readers attention cases involving basic principals of law because such cases are common. Coe v. Cleo, ___F.3d___(6th Cir. Nov. 14, 2008), is one such case. The court dismissed plaintiffs DFR allegations as time...

More and More Employers Are Shutting Down During The Last Week Of The Year And A Holiday Message

Posted on December 31, 2008
Week 52: What Sense Does It Make? is an interesting December 12, 2008 New York Times article. With the recession it notes that more and more employers are shutting down or requiring employees to take vacation. As the article states:...

Newdow Seeks To Bar Chief Justice From Swearing Obama In By Using The Words Under God

Posted on December 31, 2008
Atheists Sue Chief Justice Over Inaugural Oath is an important December 30, 2008 posting from the Blog of Legal Times. It reports on famed atheist Newdow (of Pledge fame) efforts to restrain Chief Justice Roberts from using the word under...

Pre-employment screening cannot prohibit use of legally prescribed drugs

Posted on December 31, 2008
Connolly v First Personal Bank, ___F.Supp.2d ___(N.D. Ill. November 18, 2008), is an interesting ADA decision. The court held that the plaintiff, a job applicant who had an offer of employment rescinded after a pre-employment drug test indicated a positive...

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