Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Saturday, February 16, 2013

NBA Union Executive Director Fired

The Executive Director of the NBA Players Union was recently fired. He allegedly engaged in a number of questionable practices and is subject to a criminal investigation as well as a investigation by the Department of Labor. Additional details can be found here.

Mitchell H. Rubinstein

February 16, 2013 in Unions | Permalink | Comments (0)

Thursday, February 14, 2013

Can Employer's Require That Employees Take Flu Shot

There are a host of legal issues that arise if an employer requires that its employees get a flu shot. If an employee has a religious objection because the shot is made from meat by products, she may have a case against an employer who forces an employee to take the shot. Additional discussion available here.

Law review commentary on this important topic would be most welcome.

Mitchell H. Rubinstein

February 14, 2013 in Employment Law, Law Review Ideas | Permalink | Comments (0)

Wednesday, February 13, 2013

DOL May Require Employers To State Whether or Not Individuals Are Employees

Worker misclassification is a serious problem. An individual who is improperly classified as an independent contractor may not be protected under our employment laws and may not have appropriate taxes withheld which can prevent him from receiving social security or unemployment. The US DOL has recognized this and may enacted legislation requiring that employers state whether or not employees are truly employees or independent contractors. Details here.

Mitchell H. Rubinstein 

February 13, 2013 in Employment Law, Law Review Ideas | Permalink | Comments (0)

Monday, February 11, 2013

Justice Thomas Speaks


Supreme Court watchers know that Justice Thomas does not speak in Court. If he wants to say something, he asks the other Justices to ask a question. However, recently he said something in open Court. What did he say you might ask? He attempted to crack a joke! A New York Times article discussing Justice Thomas is available here

Mitchell H. Rubinstein

February 11, 2013 in Supreme Court | Permalink | Comments (0)

Sunday, February 10, 2013

Texas Federal Court Applies Hybrid Employee Status Test In Disco Case

 A former legal support service worker fired one year after ending a romantic relationship with her boss showed sufficient evidence of employee status to proceed with her sex discrimination, sexual harassment, retaliation, and wage claims. (Fontenot v. Brouillette,S.D. Tex., No. 4:10-CV-01053, 1/15/13).

Partially denying summary judgment, the court holds that plaintiff  presented enough facts to raise a question of whether she was as an “employee” under Title VII of the 1964 Civil Rights Act and the Fair Labor Standards Act, instead of an independent contractor.

The court found that plaintiff provided sufficient proof that her former manager and six energy companies had the right to control her work performance, according to the “hybrid economic realities/common law control test” adopted by the Fifth Circuit. A copy of the case can be found here.

Mitchell H. Rubinstein

February 10, 2013 in Employment Discrimination | Permalink | Comments (0)