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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

2nd Circuit Issues Another Decision Clarifying What An Adverse Employment Action Is

Posted on May 12, 2008
Beyer v. County of Nassau, ___F.3d___ (2d Cir. April 23, 2008), demonstrates the importance of understanding what an adverse employment action is under Title VII. The court held that an employee has established an "adverse employment action" necessary to make...

Rev. Sharpton And/Or His Business Entities Reportedly Owe The Gov't. 1.5 Million In Taxes

Posted on May 12, 2008
The May 11, 2008 Buffalo News has an interesting story about Rev. Sharpton entitled Sharpton and his organizations owe back taxes, penalties, records show. The article states that Rev. Sharpton and/or his business entities owe 1.5 million in taxes. As...

Is Graduate School Worth It?

Posted on May 12, 2008
Betting on Graduate School, is an interesting April 27, 2008 Wall Street Journal article. Giving the rising tutition, the article questions whether graduate school, including law school is worth it. As the article states: What's graduate school really worth? A...

11th Rejects Argument That Threatening Speech Is Protected By Speech and Debate Clause and Enforces NLRB Order

Posted on May 12, 2008
NLRB v. United States Postal Service, __F.3d ___(11th Cir. May 2, 2008), is an unusual case. The employer argued that a supervisors threats were protected under the Petition and the Speech and Debate clauses in the U.S. Constitution. The 11th...

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Happy Mothers Day!!!

Posted on May 11, 2008
Happy Mothers Day!!! Slate has an interesting article entitled The XX Factor about working woman and some of the struggles they go through that may be particular appropriate to read on mothers day. Mitchell H. Rubinstein

Blogger Makes Celebrity News Section of Boston Globe

Posted on May 11, 2008
The Boston Globe has reported that Professor Cass Sunstein from AboveTheLaw.com and human-rights researcher Samantha Power, are engaged. I report on this because I think that it is unusual that such a story would make the Boston Globe. In any...

Proposed Mass. Tax on Endowments

Posted on May 11, 2008
Last week, the Massachusetts legislature proposed a 2.5% excise tax on college endowments in excess of $ 1 billion.As you might imagine, this has set off a fairly heated argument. See TaxProf Paul Caron's description of the article and subsequent...

SUNY Binghamton Faculty Senate Votes To Establish A Law School

Posted on May 11, 2008
SUNY Binghamton faculty senate has approved the creation of a law school. Details here. Mitchell H. Rubinstein

Woman Writes Phony Court Decision and Signs Judges Name

Posted on May 11, 2008
Here is a new one. A woman looses a court case. Therefore, she decided to write a new opinion and sign the Judges name. Well, that woman is now facing criminal charges. Details here. Mitchell H. Rubinstein

Courts Do Not Sit As Super Personnel Departments

Posted on May 10, 2008
Hinds v. Sprint/United Management Co., ___F.3d___(10th Cir. April 22, 2008) reminds us that courts do not sit as "super personnel departments." Therefore, without more, an employer's failure to follow its own policies is not evidence of discrimination...

14th Annual FMCS Conference For Labor Management Professionals-June 9-11 Washington D.C.

Posted on May 10, 2008
On June 9-11th in Washington D.C. the FMCS will be holding its 14th Annual Conference. It will take place at the Hilton Washington in Washington DC on June 9-11 and is expect to draw over 1,000 business and union practitioners,...

NY PERB Holds Notices Of Claim Are No Longer Required In Improper Practice Cases Against Boards of Education

Posted on May 09, 2008
Manhasset Educational Support Personnel Association, ____PERB____ (April 3, 2008), Download perb.pdf is an important New York Public Sector Labor Law decision. For several years, PERB required that Notices of Claim be filed pursuant to Education Law Sectin 3813...

N.Y. Nurse States Whistleblower Cause of Action

Posted on May 09, 2008
A little known provision of New York Law, New York Labor Law Sec. 741(2) protects certain employees who disclose or threaten to disclose activity that the employee in good faith reasonably believes consistutes improper patient care. In Butcher v. John...

Employee Who Was Fired For Arguing With His Supervisor Is Not Eligible For Unemployment

Posted on May 09, 2008
As most readers of this blog know, an employee is not generally eligible for unemployment in most states if he was fired for misconduct. What consitutes misconduct is often litigated in unemployment. I bring Matter of Musac v. Commissioner of...

Union Organizer Is Exempt Employee Under FLSA

Posted on May 09, 2008
Savage v. UNITE HERE, ___F.Supp.2d___(S.D.N.Y. April 17, 2008)(registration required), is an unusual case involving a union being sued as an employer for FLSA overtime violations. The union ultimately won summary judgement because the court held that the union organize was...

The Limitations In Having A Two Member NLRB

Posted on May 08, 2008
Essex Valley Visiting Nurses, 352 NLRB No. 61 (April 30, 2008), is a critically important NLRB decision which illustrates the limitations of having an NLRB that is not at full strength. The merits of the case essentially concerned the computation...

Employee Discharge Still Protected Dispite His Use of Profanity Towards Employer Vice-President

Posted on May 08, 2008
Tampa Tribune, 351 NLRB No. 96 (Dec. 28, 2007), is an important Board decision to be aware of. The Board held, 3-0, that the employer committed a ULP when it discharged an employee for his concerted activity in telling two...

Preemptive Employment Discrimination Lawsuit

Posted on May 08, 2008
Firm Strikes First in Suing Its Employee is an important April 25, 2008 New York Law Journal article. A law firm partner who was threatened with a 9 million dollar sexual harassment and rape law suit drew first blood by...

Justice Scalia Admits To Being A Conservative

Posted on May 08, 2008
Scalia: I'm Conservative, but Not Biased is an interesting April 25, 2008 Associate Press article. The article discusses a April 27, 2008 interview that Scalia gave to 60 Minutes. The article also discusses a recent speech Justice Scalia gave at...

Free U.S. and International Research

Posted on May 08, 2008
Harvey Randall who runs New York Public Personnel Law, which I check daily, just informed me about VLex which is a free legal search engine which covers U.S. as well as international law. I just tried it and it appears...

D.C. Circuit Issues Major Decision Holding Health Benefits For Future Retirees Is A Mandatory Subject

Posted on May 07, 2008
As we all know, the cost of health insurance is sky rocking. It is therefore, not surprising that some employers will attempt to make unilateral changes. If a company is unionized, however, as Southern Nuclear Operating Co. v. NLRB ___F.3d___...

New Jersey Becomes The 3rd State To Require PAID Family and Medical Leave

Posted on May 07, 2008
On May 2, 2008, N. J. Governor Jon S. Corzine signed into law a statute which mandates PAID family and medical leave. It is the third such program in the country and will be financed by payroll deductions. A summary...

Staying Abreast Of EEO Developments

Posted on May 07, 2008
I just became aware of a wonderful newsletter which is distributed for free via a listserv run by Jack Sargent, who retired from the EEOC as an attorney after 30 years. The name of the newsletter is "Jack Sargent's EEO/iNEWS"...

Change in Professor's Class Schedule Not An Adverse Employment Action

Posted on May 07, 2008
Recio v. Creighton University, ___F.3d___(8th Cir. April 10, 2008), is an interesting Title VII case. The court holds that a university's alleged action of requiring a Spanish professor to teach on Mondays, Wednesdays, and Fridays, despite her stated preference for...

If An Arbitrator Makes A Disclosure, Is He Then Required To Recuse Himself If A Party Objects??

Posted on May 06, 2008
Arbitrators, are of course, required to be neutral. Many correctly error on the side of caution and disclose everything. What happens if they make a disclosure and a party then objects. Must they recuse themselves. No, says an appellate court...

8th Holds That Eliminating The Job Requirement To Dispense Medicine and Increasing Hours Of Work Were Not An Adverse Employment Action

Posted on May 06, 2008
Buboltz v. Residential Advantages, Inc., ___F.3d___(8th Cir. April 18, 2008) is another case which discusses the requirement to establish an adverse employment action to state a cause of action under the Americans with Disabilities Act. Specifically, the plaintiff worked in...

The Importance of Local Laws Against Discrimination

Posted on May 06, 2008
Under Title VII and the New York State Human Rights law supervisors are generally not liable for employment discrimination. However, under a New York City Local Law supervisors can be held personally liable. Therefore, it is always important to check...

City Bar Association Reports Recommends New York Adopt System of En Banc Review In Appellate Divisions

Posted on May 06, 2008
Report Suggests En Banc Review In State Courts is an interesting April 22, 2008 New York Law Journal article. The article summarizes a City Bar report which calls for the adoption of en banc review in the Appellate Division Departments...

9th Holds Disabled Student Does Not Have To First Try Public School Before Being Eligible For Private School Reimbursement

Posted on May 05, 2008
In Tom F v. Board of Education, 128 S.Ct. 1 (2007), the Supreme Court affirmed by an equally divided Court the question of whether a disabled student must first fail at a public school education before being eligible for private...

7th Upholds UPS No Fraternization Policy

Posted on May 05, 2008
In Ellis v. UPS, ___F.3d___(7th Cir. April 29, 2009), the 7th Circuit upheld UPS no fraternization policy against an attack under Title VII. A black former manager was terminated for violating the company's nonfraternization policy because he dated and subsequently...

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