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.

Tuesday, September 26, 2017

Teacher who Reported That Another Teacher Improperly Coached Students is not Protected Under First Amendment

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Cohen v. NYC Department of Education , ____Fed. Appx.____(2d Cir. Sept. 20, 2017), demonstrates just how narrow the protection are for publi...
Monday, September 11, 2017

SDNY Approves FLSA Collective Action For Unpaid Overtime

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Garcia v. 34th Street Coffee , ____F. Supp. 2d ____(S.D.N.Y. Aug. 30, 2017), NYLJ Sept. 11, 2017 (registration required), is brought to your...
Tuesday, September 5, 2017

Confidentiality Rule That Prohibits Discussions About Salary Violates The NLRA

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NLRB v. Long Island Association , ___F. 3d___(2d Cir. Aug. 31, 2017, is an interesting decision. The Court holds that an employer violated 8...
Thursday, August 31, 2017

Court Invalidates Obama's Over-Time Rules

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In Nevada v. U.S. Dep’t. of Labor, ____F. Supp. 2d____(E.D. Tx. Aug. 31, 2017), the court declared President Obama's Over Time Rule, 81...
Tuesday, August 29, 2017

7th Circuit Holds That Cosmetology Students Are Not Employees Under The FLSA

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The Seventh Circuit Court recently held that cosmetology students are not employees. In Hollins v. Regency Corp . , ___ F.3d ___, No. 15-360...
Wednesday, August 23, 2017

It is Discrimination To Fire a Woman Because She Is Too Cute

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Edwards v. Nicolai , ____A.D.3d___(1st Dept. Aug. 22, 2017), is likely to become a landmark employment discrimination. There, a female thera...
Monday, August 21, 2017

Notice of Claim Required In Action Against Charter School

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Is a Notice of Claim required before commencing suit against a Charter School?The answer is generally yes, in New York. See, JP v. Bronx Co...
Monday, August 14, 2017

Retired Employee Looses Tenure Protection

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Richardson v. City of New York , ___F. Supp. 2d ___(S.D.N.Y. Feb. 23, 2017), is an interesting case concerning the interaction of a retireme...
Wednesday, August 9, 2017

Procedural Arbitrability Questions Are For The Arbitrator To Decide

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Matter of City of Yonkers v. Yonkers Firefighters, ___A.D. 3d___(2d Dep't. Aug. 9, 2017) illustrates how difficult it is to stay a labo...
Tuesday, August 8, 2017

Sitting Next To A Superstar May Improve Your Performance

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Use your Seat to Get Ahead is an interesting Wall Street Journal article from August 8, 2017 which readers may find of interest. The premise...
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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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