Anthony Davis wrote an article in the New York Law Journal on November 4th summarizing the state of the law with regard to privacy matters when one is using his work computer to send personal e-mails. A New York decision, Scott v. Beth Israel Medical Center Inc., 2007 WL 3053351 (N.Y. Sup. Oct. 17, 2007), held that if you send e-mails to your … [Read more...]
Jewish Groups Support Reversal of NY Court’s Nullification of Rabbinic Arbitration Decision
As reported here, and as Mitchell Rubenstein predicted, the Appellate Division of the Supreme Court will consider a teacher's appeal of a Kings County Supreme Court's nullification of a rabbinical arbitration panel's decision in an employment case. Following a dispute between the Hebrew Academy of Five Towns and Rockaway and one of its teachers, … [Read more...]
New IRS Form I-9 For Employers Starting April 3rd
Adjunct Law Prof Blog just posted that employers who hire an employee must verify their legal status to work and fill out the new I-9 form. Employers must have the employee sign the form within three days of starting work. It would be wise to see the form and instructions right away, if you haven't already done so. Those items are available here. … [Read more...]
Oprah’s Car Giveaway & Awarding Additional Taxes in ADA Suit
[youtube=https://www.youtube.com/watch?v=jzLry3ABpV0] Paul L. Caron at the TaxProf Blog reported on an interesting 3rd Circuit case, Eshelman v. Agere Systems, Inc. Basicially, an employer fired an employee in violation of the Americans With Disabilities Act (the "ADA"). The District Court, the trial court, held that the employer had to pay not … [Read more...]
New Layoff Notice Requirements in New York
WorkforceManagement.com reported yesterday that a new law is now in effect in New York that requires many employers to give more notice to employees to be laid off, than previously required. Currently, under the Federal government's WARN statute, "most employers with 100 or more employees [are required to] to provide notification 60 calendar days … [Read more...]
Putting a “Religion Clause” in Your Will or Trust
The Illinois State Supreme Court will soon consider the case of In re Estate of Max Feinberg. With thanks to John T. Brooks from T&E.com, I found this interesting case. Max and Erla Feinberg created a trust with their substantial assets to care for their children and grandchildren. They placed a provision in the trust that if any of their five … [Read more...]
When Can the Police Pat You Down?
As an appropriate follow up on this post from Monday about the Court of Appeals, Second Circuit's decision a few days ago, the Supreme Court ruled on Monday about a related matter. In Arizona v. Johnson, the Supreme Court released a unanimous decision clarifying when a "pat down" for weapons is or is not in violation of the 4th Amendment … [Read more...]
NY Court’s Vacature of Rabbinical Arbitration Decision Ripe For Appeal
Mitchell Rubenstein, Senior Counsel at NYS United Teachers and an adjunct professor at St. John's Law School, has some interesting comments on this recent King's County Supreme Court decision to vacate a rabbinical court arbitration decision in an employment matter. In Brisman v. HAFTR, a teacher was fired. Claiming wrongful termination, both … [Read more...]
Attorney Representation of Badly Treated Immigrant Para-Medical Workers
I read this post by Jeff Lipshaw from the Legal Profession Blog with great interest. This is especially so because our law office is currently handling almost the exact same kind of case. Lipshaw was discussing a recent Law Review article on the topic entitled: Lawyer's Worst Nightmare: The Story of a Lawyer and His Nurse Clients Who Were Both … [Read more...]