Labor and Employment Arbitrator

A blog edited by Arbitrator Mitchell Rubinstein which is designed to inform employers, unions, individuals, and lawyers about my practice and about recent developments in the field of labor and employment law. Mitchell Rubinstein is a labor arbitrator and handles business and commercial arbitrations before FINRA.

Wednesday, June 28, 2017

President Trump Nominates Marvin Kaplan to the NLRB

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On or about June 20, 2017, President Trump nominated Marvin Kaplan, a Republican as a Member of the NLRB. Kaplan is currently an attorney wi...
Monday, June 26, 2017

Interesting Article on the "Gig Economy"

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As the title implies,  Lazar,   The Gig Economy: A Threat to Basic Employment Rights , NYLJ (May 1, 2017) (registration required), is an int...
Wednesday, June 21, 2017

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Hensel v. City of Utica , ____F. Supp. 2d ____(N.D.N.Y. June 14, 2017) (NYLJ registration required), is an interesting decision decided unde...
Tuesday, June 20, 2017

NYC Teacher Awarded Tenure By Estoppel Even Though She Was In Rubber Room

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Wilson v. Board of Education, ___Misc. 3d____(N.Y. Co. June 12, 2017), is an important decision to be aware of which addresses tenure by es...
Monday, June 19, 2017

SDNY Grants Rare Interloctory Appeal

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Interloctory appeals in the 2d Circuit are disfavored in the Second Circuit. Chen-Oster v Goldman Sachs , ___F. Supp. 2d____(S.D.N.Y. June ...
Friday, June 16, 2017

Notices of Claim Required in Federal Courts

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Matter of Keles v.  Yearwood , ____F. Supp. 2d____(E.D.N.Y. May 25, 2017), is an important decision to be aware of. It reminds us that Notic...
Tuesday, June 13, 2017

Importance of Remorse In Employee Discipline Cases

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I bring Matter of Vagianos v. City of New York , ___A.D.3d___(1st Dept. June 13, 2017) to your attention to illustrate an important point. ...
Monday, June 12, 2017

Arbitration Over Retiree Health Insurance Stayed

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Retiree health insurance is becoming more and more expensive and for a number of years employers have tried to cut back. Matter of County of...
Thursday, June 8, 2017

Petition For Cert Filed In Agency Fee Case

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On June 7, 2017, a cert petition was filed in Janus v. AFSME , ____F.3d____(7th Cir. March 21, 2017)(Posner, J.). This case squarely addres...
Wednesday, June 7, 2017

School and Residence Are Joint Employers Under the FLSA

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Murphy v. HeartShare Human Servic es, ____F.3d____(2d Cir. June 1, 2017) (NYLJ registration required), discusses joint employment under the ...
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About Me

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Mitchell H. Rubinstein
Queens, New York, United States
Welcome. I am a labor and employment arbitrator as well as a mediator. I primarily handle labor-management disputes and employment law disputes. I act as a fact finder in collective bargaining matters and serve as a hearing officer in Civil Service law and other hearings. I also conduct impartial investigations on behalf of employers, unions and individuals. I have over thirty-years of experience practicing labor, employment, and education law in both the public and private sectors. I have represented hundreds of individual clients, labor unions and corporations. Additionally, I am a public arbitrator with FINRA. I also an adjunct professor of law New York Law School here I have taught classes on labor and employment law.
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