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.

Thursday, June 7, 2018

2d Circuit Holds Union Speech Can Be Protected By The First Amendment

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Montero v. City of Yonkers, ___F.3d___(2d Cir. May 16, 2018), is an important First Amendment decision.  http://www.ca2.uscourts.gov/decisi...
Monday, May 21, 2018

Supremes Uphold Class Action Waivers

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On May 21, 2018, the Supreme Court issued its long-awaited decision in Epic Systems v. Lewis, ___U.S.___(May 21, 2018). The issue in the c...
Monday, April 23, 2018

2d Circuit Reviews Manifest Disregard of the Law Standard in Labor Arbitration

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Chelsea v. N.Y. Hotel and Motel Trades Council , ____F.3d____(2d Cir. April 3, 2018), is brought to readers attention because it is a recent...
Monday, April 16, 2018

Governor Signs Into Law Major Legislation Narrowing A Unions Duty of Fair Representation

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On April 12, 2018, Governor Cuomo signed Chapter 59 of the Laws of 2018 into law which amends the Taylor to narrow a public sector unions du...
Friday, April 6, 2018

Supremes Refuse To Interpret FLSA Exemptions In A Narrow Fashion

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On April 3, 2018,  the US Supreme Court decided  Encino Motorcars v. Navarro   and decided 5-4, that FLSA exempts a service adviser at a car...
Thursday, March 29, 2018

Challenge to NYS Tenure Survives a Motion to Dismiss

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In  Davids v. State , ____A.D. 3d____ (1st Dep't. March 28, 2018), Plaintiffs in this consolidated appeal brought an action claiming th...
Tuesday, February 27, 2018

2d Circuit Issues Major En Banc Decision Holding Sexual Orientation Protected Under Title VII

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Zarda v. Altitude Express, Inc ., ___F.3d___(2d Cir. Feb. 26, 3018) (en banc), is a major decision that is undoubtedly on its way to the U.S...
Tuesday, February 13, 2018

New York Court of Appeals Orders Disclosure of Facebook Information

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The New York Court of Appeals issued a major lengthly decision concerning the disclosure of information on Facebook. Forman v. Henkin , ___...
Tuesday, January 9, 2018

Court of Appeals Issues Major 3020-a Decision

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On January 9, 2017, the Court of Appeals issued a 14 page decision addressing the standard of review to be applied in Education Law Section ...
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...
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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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