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.

Friday, July 28, 2017

2d Circuit Issues Major FMLA Case Rejecting But For Standard

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Woods v. Star Treatment , ___F.3d___(2d Cir. July 19, 2017), is an important FMLA case to be aware of. The 2d Circuit holds that the "m...

Thursday, July 27, 2017

Pending Improper Practice Does Not Bar Related Arbitration

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I bring Matter of City of Watertown and Watertown Professional Firefighters , ___A.D.3d___(4th Dept. July 7, 2017), to your attention for se...

Employer Policy that Bans Use of Cameras Violates the NLRA

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T-Mobile USA, Incorporated v. NLRB , ___F.3d___,No. 16-60284 (5th Cir. July 25, 2017) , is an important decision to be aware of. T he Fifth ...

Wednesday, July 26, 2017

Everything You Wanted To Know About Defamation Law

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Tannerite Sports v. NBC , ____F.3d___(2d Cir. July 25, 2017), though not an employment law case, is brought to your attention because the co...

Tuesday, July 25, 2017

Pro Se Complaints Continue To Be Liberally Construed

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McCloud v. Jewish Guild for the Blind , ___F.3d___(2d Cir. July 19, 2017), is an interesting case. In this case, plaintiff failed to check a...

Monday, July 24, 2017

Plaintiff Required To Disclose Pre-Termination Job Applications

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Johnson v. Thompson, ___F. Supp. 2d___(S.D.N.Y. July 18, 2017), NYLJ July 24, 2017 (registration required), is an important decision to be...

Thursday, July 20, 2017

Employers May Have Duty to Accommodate Employee's Medical Marijuana Use

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The Massachusetts Supreme Judicial Court issued an important which may have national consequences with respect to the use of medical mariju...

Wednesday, July 19, 2017

Law School Enrollment Declined 25% Since 2010

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Law Schools are Losing Smart Applicants is an interesting July 19, 2017 New York Law Journal article. In this brief article, the author exp...

Tuesday, July 18, 2017

Single Racial Slur May Be Enough To Establish Harassment

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Castleberry v. STI Group, ___F.3d___(3d Cir. July 14, 2017), is an important case to be aware of. This case was brought by two against thei...

Friday, July 14, 2017

Principal at Catholic School Cannot Bring a Claim Under Title VII

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Fratello v. Archdiocese of New York , ____F.3d____(2d Cir. July 14, 2017), is an important decision concerning the "ministerial excepti...

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About Me

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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