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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

Employer Establishes Affirmative Defense To Title VII Sexual Harassment Case

Posted on September 15, 2008
Chaloult v. Interstate Brands,___F.3d___ (1st Cir. Aug. 28, 2008), is an interesting decision. In a Title VII claim of sexual harassment brought by former employee-plaintiff against former supervisor, summary judgment for defendant-employer is affirmed where: 1) defendant met the reasonable...

NLRB Decision Finding Discharge of Supervisor For Supporting Union Is Unlawful

Posted on September 15, 2008
The Inn at Fox Hollow, 352 NLRB No. 127 (Aug. 22, 2008) is an interesting case. While this decision does not break any new legal ground, it does a nice job in summarizing applicable law concerning the discharge of a...

Best and Worst Law Firm Web Sites

Posted on September 14, 2008
The Best and Worst of Am Law 100 Sites is an interesting Sept. 4, 2008 law.com article. Here is there list: THE TOP WEB SITES IN THE AM LAW 100 Womble Carlyle Sandridge & Rice: Winston the bulldog sucks you...

NY Court of Appeals Year In Review

Posted on September 14, 2008
Court of Appeals: The Year in Review is an interesting September 2, 2008 New York Law Journal article. It reviews the varies civil practice, commercial, criminal, libel, insurance law, workers compensation, real property, torts, and family law cases. Mitchell H...

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Senate Passes ADA Restoration Act

Posted on September 13, 2008
Senate Passes Bill Protecting Disabled People is an important September 11, 2008 New York Times article. It reports that the Senate passed the ADA Restoration Act without dissent which the House passed earlier this year. The Bill now goes to...

Labor Union Search Engine

Posted on September 13, 2008
SoliComm is the first ever labor union search engine. I am not sure why we need this service. There is not much information about this on its web site. Workplace Prof Blog describes this site as follows: SoliComm provides a...

Workplace Murders Increase By 13%

Posted on September 12, 2008
The BLS keeps stats on just about everything, including workplace homicides. According to a August 26, 2008 press release, Workplace homicides rose 13 percent to 610 in 2007 after reaching a series low of 540 in 2006. The numbers of...

NYU College Prof States Cause of Action For Violation of Equal Pay Act

Posted on September 12, 2008
Klein v. NYU, ___F.Supp.2d___(S.D.N.Y. Aug. 14, 2008)(downloadable with free registration), is an interesting case. An accounting professor claimed that she was denied tenure because of her sex, that a a fellow professor propositioned her for sex while she was considered...

Ethics of Outsourcing

Posted on September 12, 2008
Ethics of Outsourcing is an interesting September 2008 New York State Bar Journal article. It is about the legal issue lawyers face if they out source work to now lawyers. The article describes the applicable issues as follows: Outsourcing tasks...

DOL obtains convictions involving wrongdoing by labor organizations

Posted on September 12, 2008
DOL obtains convictions involving wrongdoing by labor organizations (registration required) is a short August 27, 2008 National Law Journal article that reports on a little noticed story. The U.S. DOL Office of Labor-Management Standards has obtained criminal convictions against several...

Surprise, Surprise 95% of Law Professors Support Obama

Posted on September 11, 2008
Everyone, well almost everyone, knows that law professors are bye and large liberal and left of center. The picture of a law professor as a lefty becomes clearer and clearer the more law review articles one reads. Up until now,...

Court Refuses To Dismiss Pro Se Case Against Union Due To Discovery Abuse

Posted on September 11, 2008
EEOC v. International Association, ___F.Supp. 2d ___ (S.D.N.Y. Aug. 18, 2008),Download equal_employment_opportunity_comm.doc is an interesting case. It is an employment discrimination case against a union which has a long and complicated history. Though the case does not contain many facts,...

NLRB Regional Director Gets 10(j) Injunction

Posted on September 11, 2008
Mattina v. Kingsbridge Heights, ____F.Supp.2d___ (S.D. N.Y. Aug. 14, 2008), is an important decision. In the face of allegations "touching upon the fundamental precepts of federal labor law," a NLRB Regional Director was granted a Section 10(j) injunction against a...

6th holds return-to-work procedures cannot be imposed on returning service member

Posted on September 11, 2008
The 6th Circuit recently issued Petty v. Metro Gov't., ___F.3d___(6th Cir. Aug. 18,2008) which demonstrates how the USERRA is treated in favor of returning veterans. The court held that a police department violated USERRA's reemployment provisions when it failed to...

Blogging From Ground Zero

Posted on September 11, 2008
As many of you may know, my office is very near ground zero in lower Manhatten. I thought I would blog about my impressions about what is going on today. The streets around ground zero are mostly blocked and one...

California Proposes Ledbetter Statute

Posted on September 10, 2008
On August 29, 2008, the California Legislature passed A.B. 437 which would amend California law to clarify the applicable statute of limitations in employment discrimination cases. Under this bill, the statute of limiations runs from teh date of each payment...

2(11) Only Requires Possession of Supervisory Authority

Posted on September 10, 2008
Barstow Community Hospital, 352 NLRB No. 125 (Aug. 28, 2008), provides an excellent primer on supervisory authority in the health care setting. In finding that certain nurses were not supervisors, the Board summarized the applicable law as follows: To establish...

1st Issues Primer on Libel Law in Employment Context

Posted on September 10, 2008
Noonan v. Staples, Inc., No. 07-2159, ___F.3d ___(1st Cir. Aug. 21, 2008), is an interesting case. In a claim of libel and breach of severance benefits agreements against defendant Staples, Inc., grant of summary judgment for Staples is affirmed where:...

School's Ban On Clothing Displaying The Confederate Flag Does Not Violate First Amendment

Posted on September 10, 2008
We are seeing more and more student First Amendment free speech cases even though their rights are quite narrow. Barr v. Lafon, ____F.3d____(6th Cir. Aug. 20, 2008), is one such recent example. The 6th rejected the students First Amendment challenge....

Is The Workplace Becoming More Gay Friendly??

Posted on September 09, 2008
According to The Human Rights Campaign Foundation's seventh annual Corporate Equality Index, which is an 87 page report, businesses continue to improve their treatment of lesbian, gay, bisexual and transgender employees. The Index, which rated 583 businesses saw the number...

7th Holds That Dispute Over Retiree Benefits Is Arbitrable

Posted on September 09, 2008
Exelon v. Generation Co., ___F.3d____(7th Cir. Sep't. 2, 2008), is an important decision to be aware of. The 7th held that a broad arbitration provision in a collective bargaining agreement covering "any dispute . . . as to the interpretation...

Employer Established Affirmative Defense To Sexual Harassment Complaint

Posted on September 09, 2008
Adams v. O'Reilly Automotive, ___F.3d___(8th Cir. August 15, 2008), is an important decision to be aware of. An employer was able to escape liability for sexual harassment because it established the ellerth-Faragher affirmative defense because the employee unreasonably did not...

Student Essay About Murder-Suicide Held To Be A True Threat

Posted on September 09, 2008
Riehm v. Engelking, ____F.3d____(8th Cir. Aug. 15, 2008), is an important student First Amendment case to be aware of. The Eighth Circuit held that a Minnesota high school student?s essay depicting a student?s murder of a teacher and suicide constituted...

Discrimination Against Smokers of Medical Marijuana??

Posted on September 08, 2008
The California state senate passed a bill (A.B. 2279) that would prevent employers from discriminating against employees in hiring, termination, or any term of employment based on their status as a legal medical marijuana patient or based on a positive...

Tenure v. Salary- Which is More Important?

Posted on September 08, 2008
The Washington Post reported on August 14, 2008, available here, that D.C. teachers are split over the Public Schools Chancellor's proposal to offer salaries exceeding $100,000 for teachers willing to give up job security and tie their fates to student...

Ill. lower court holds complaints about racial profiling of customers was not protected activity

Posted on September 08, 2008
Denham v. Saks, Inc., ___F.Supp. 2d___(D. Ill. July 30, 2008), is an important decision to be aware of. A lower federal court held that a discharged African-American employee's claim of reprisal for complaining about racial profiling of African-American customers by...

9th Holds SL Accrual Begins When Plaintiff Not Hired; Not When Legal Wrong Suspected

Posted on September 08, 2008
Zolotarev v. City and County of San Francisco, ___F.3d___(9th Cir. Aug. 7, 2008), is an important reverse discrimination case. Plaintiffs were job applicants who, several years after their nonhire, alleged the city and county of San Francisco gave preferential hiring...

Does Smoking Damage Your Career

Posted on September 07, 2008
The U.S. News and World Reports is running an interesting survey whether smoking can impact negatively on one's career. The latest figures are as follows: Vote: Does a smoking habit negatively affect a person's image where you work? ? Absolutely....

Licensed Nevada Prostitute and Porn Star Goes To Law School

Posted on September 07, 2008
Sometimes you just cannot make these stories up. Bitter Lawyer and Legal Blog Watch ran stories about a licensed Nevada prostitute and porn star who is going to University of West Los Angeles School of Law. This is one of...

N.Y. anti-bullying school legislation would include sexual orientation

Posted on September 06, 2008
The New York Times reported reported on August 7, 2008, available here, about a Bill introduced in the New York Senate that would ban bullying in public schools, including harassment based on sexual orientation. The legislation, which includes language protecting...

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