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.

Monday, November 27, 2017

2d Department Decision Illustrates More Favorable State Discrimination Standards

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Kassapian v. City of New York , ____A.D.3d____(2d Dep't. Nov. 15, 2017), is brought to your attention for several reasons. The case co...
Friday, November 17, 2017

Whistleblower States A Claim Under New York Law

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Demir v. Sandoz, Inc. ____A.D, 3d___(1st Dep't. Nov. 14, 2017), is an interesting decision for several reasons. First, the Appellate Di...
Tuesday, November 7, 2017

Interesting 2d Circuit School District ADEA Decision

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PFIZENMAYER v. HICKSVILLE PUBLIC SCHOOLS, ____F.3d____(2d Cir. Nov. 2, 2017), is an interesting decision. The court grants the school distri...
Tuesday, October 17, 2017

Mistaken Perception of Alcoholism Is Not Protected Under The NYC Human Rights Law

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Makinen v. City of New York , ___N.Y.3d___(Oct. 17, 2017), is an interesting case to be aware of. The case addressed a certified question fr...
Thursday, October 12, 2017

Duty of Fair Representation Does Not Preempt NYS Human Rights Law

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Figueroa v. Foster, ____F.3d____(2d Cir. July 17, 2017), is an interesting decision. The Duty of Fair Representation outlaws unions actions...
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...
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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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