Sections & Committees

Labor and Employment Law Section

JOIN US OCTOBER 12 - 14, 2018:
THE  HYATT REGENCY MONTREAL
1255 RUE JEANNE-MANCE
MONTREAL, QUEBEC, CANADA

REGISTER ONLINE

MAKE YOUR HOTEL RESERVATION NOW!
HOTEL RESERVATION DEADLINE IS SEPTEMBER 19TH

VIEW/DOWNLOAD FALL MEETING BROCHURE AND REGISTRATION FORM

This program provides up to 7.0 MCLE credit hours (4.5 in Professional Practice; 1.5 in Diversity, Inclusion and Elimination of Bias; and 1.0 in Ethics); for experienced attorneys only.


Registration Rates:
NYSBA Labor & Employment Law Section Member:  $350.00
NYSBA Labor & Employment Law Section Member Discounted Registration Fee for those making less than $75,000:  $262.50*
(*some restrictions may apply - see Fall Meeting brochure for additional details)
NYSBA Member - Newly Admitted (5 years or less):   $250.00 
NYSBA Members: $450.00
All Other Attorneys: $525
NEW FOR THIS MEETING:  PICK YOUR PREFERENCE A LA CARTE PRICING FOR SPOUSES AND GUESTS! 
 

MEETING AGENDA
FRIDAY, OCTOBER 12

11:00 a.m.
Registration 
 – Inspiration Foyer

11:00 a.m. – 12:00 p.m. 
Lunch 
– Inspiration Foyer
Boxed lunches are provided for registered attorneys only as part of their meeting fees.  Additional box lunches may be purchased a la carte for guests/spouses/children on the registration form. 

12:15 – 3:00 p.m.              
GENERAL SESSION
 – Inspiration Room

12:15 – 12:30 p.m.                            
NYSBA Welcome                     Labor & Employment Law Section Welcome

Henry M. Greenberg, Esq.       Cara E. Greene, Esq. 
President-Elect                         Section Chair 

12:30 – 1:45 p.m.              
Plenary One:  Constitutional and Labor Rights: Across the Border Hedge
This plenary session will compare and contrast the scope of labor rights 
protected under  the United States Constitution and the Canadian Charter of Rights and Freedoms.  The panel will discuss and analyze the Supreme Court decision in Janus v. AFSCME, recent  decisions under the Canadian Charter, and related statutory issues.

Moderator:        
William A. Herbert, Esq., Distinguished Lecturer and Executive Director, National Center for the Study of Collective Bargaining in Higher Education and the Professions, Hunter College, City University of New York, New York City
Panelists:             
John D.R. Craig, Esq., Fasken Martineau DuMoulin, Toronto, Canada
Charlotte Garden, Professor, Seattle University School of Law, Seattle, Washington
Matthew Ginsburg, Esq., Associate General Counsel, AFL-CIO, Washington, DC
Sara Slinn, Esq., Associate Professor, Osgoode Hall Law School, York University, Toronto, Canada

1:45 – 2:00 p.m.                
Coffee/Networking Break

2:00 – 3:15 p.m.                
Plenary Two: Will Women Survive at Law Firms?  Taking up the challenges of a diminishing population amidst the #MeToo movement, diversity challenges, and work-life balance.
Women law students hit the 50% mark about 30 years ago, but less than 18% are equity               partners in law firms, and fewer are in leadership positions.  Many senior and child bearing aged women are leaving the profession after dedicating their most productive years to law firm life. Finally, women and particularly women of color are concerned about sexual inappropriateness, sexual harassment and bullying.  This program will examine the social and legal challenges faced in the legal profession by women in Canada and the U.S., who are struggling for civility, pay and leadership equity, for progressive and meaningful practices, and often work-life balance.

Moderator:        
Wendi S. Lazar, Esq., Outten & Golden LLP, New York City
Panelists:             
Michele Coleman Mayes, Esq.
,  Vice President, General Counsel & Secretary, The New York Public Library, New York City
Laleh Moshiri, National Director, Diversity and Inclusion, Borden Ladner Gervais LLP, Toronto, Canada
Jill Rosenberg, Esq., Orrick, New York City 

3:15 – 3:30 p.m.
Coffee/Networking Break

3:30 – 4:20 p.m.
CONCURRENT WORKSHOPS  (PLEASE SELECT ONE)
                
WORKSHOP A:  Switching to Offense in Employment Cases
Proactive steps an employer can take to avoid liability under the Equal Pay Act, the pros and cons of class action waivers in employment agreements, the anatomy of a successful mediation strategy, and the effective use or threatened use of counterclaims and employer side fee shifting.

Panelists:                                             
Howard M. Miller, Esq.
, Bond Schoeneck and King, Garden City
Karen Fernbach, Esq.
, Hofstra Law School, Hempstead
Melissa L. Stewart, Esq.
, Outten & Golden LLP, New York City|

WORKSHOP B: Best Practices in Settling Wage-Hour Disputes
Experienced wage-hour practitioners discuss the challenges of settling
disputes, both   before and during litigation.  The panel will address the impact of decisions from the Second Circuit and NY Court of Appeals that impose procedural hurdles to settlements, the special considerations that apply in settlement of “hybrid” actions, and tips for resolving cases outside of litigation. 

Moderator:                                        
Robert Whitman, Esq., Seyfarth Shaw LLP, New York City
Panelists:             
Patrick J. Solomon, Esq., Thomas & Solomon LLP, Rochester
Deirdre A. Aaron, Esq., Outten & Golden, New York City
Stephen J. Jones, Esq., Nixon Peabody LLP, Rochester 

WORKSHOP C:  Managing Risk and Creating Safe Workplaces                        
The last year has brought workplace safety to the forefront of public discussions.  From  #MeToo to the shooting at Marjory Stoneman Douglas High School, workplaces are faced with new challenges and new opportunities to address workplace violence.  Attorneys who represent plaintiffs, unions, and management will discuss how to ensure a safe and secure working environment.

Moderator:                                                  
Nina Martinez, Esq., Outten & Golden LLP, New York City
Panelists:                                        
Stephen Sonnenberg, Esq., Mediator, JAMS, New York City
John Ho, Esq.
, Cozen O'Connor, New York City
Suzanne Demetrio Campbell, Esq.
, Senior Trial Attorney, U.S. Department of Labor, Solicitor's Office
Wendy Hord, Assistant for Health & Safety and Healthcare, New York State United Teachers, Latham
Heidi R. Burakiewicz, Esq., Kalijarvi, Chuzi, Newman & Fitch, P.C., Washington, DC   

6:30 – 10:00 p.m.                              
Cocktail Reception & Dinner – Terrace and Ovation Room
A la carte tickets may be purchased for guests/spouses/children on the registration form.

Dinner Speaker:  The Honorable Mr. Clément Gascon, Supreme Court of Canada

SATURDAY, OCTOBER 13

7:30 – 9:00 a.m. 
Continental Breakfast – SIX Resto Lounge

8:00 a.m. – 9:00 a.m.       
Committees’ Breakfast Meetings – Creation Room

9:00 a.m. – 12:00 p.m.    
Guest/Family Jaunt to the Montreal Science Center, 
King Edward Quay, 2 rue de la Commune Ouest
 in Old Port 
Interactive, kid-friendly museum.  In the Fabrik – Creativity Factory, kids aged 6+ use their hands and minds to craft Derby cars, parachutes, catapults, floating vessels and whatever their imaginations can dream up. For smaller children, there's Clic! - The Zone for Curious Young Minds where children can build a house, design a roller coaster, create forms and patterns, and mix colors. Discover the mysteries nesting in submarine forests and coral reefs; meet friendly 40 ton mammals and clever sea creatures in the IMAX film: Oceans 3D along with other permanent and traveling exhibits.  Tickets include 2 hour Museum visit and 1 hour IMAX movie.  Purchase on registration form.

9:00 a.m. – 12:00 p.m.    
GENERAL SESSION – Inspiration Room

9:00 – 9:10 a.m. 
Program Introduction
Christopher A. D'Angelo, Esq., CLE Committee Program Co-Chair

9:10 – 10:00 a.m.              
Plenary Three:  Epic Changes?  Arbitration and Class/Collective Action 
Waivers…What’s Next?
The United States Supreme Court held in Epic Systems Corp. v. Lewis that employers may require employees to enter into arbitration agreements that waive the ability to participate in a class or collective action.  Join us for a discussion of the Epic decision, including:
Whether to Consider Arbitration with Class/Collective Wavier & Program Design Considerations;
Implementation and Grounds that Exist for Challenging the Enforcement of Class/Collective Waivers; and
Class Arbitration Practices and Procedures

Moderator:                                        
Howard M. Wexler, Esq,, Seyfarth Shaw LLP, New York City
Panelists:                                             
Michael Billok, Esq.
, Bond, Schoeneck & King, PLLC, Saratoga Springs
Alfred G. Feliu, Esq.
, Feliu Neutral Services LLC, New Rochelle
Marijana Matura, Esq.
, Shulman Kessler LLP, Melville 

10:00 – 10:15 a.m.            
Coffee/Networking Break

10:15 – 11:05 a.m.            
Plenary Four:  Transforming Workplace Culture
Transforming Workplace Culture In the Era of #MeToo, #BlackLivesMatter, and More.”  Virtually all segments of our labor and employment community are being decried as ineffective in dealing with sexual and other workplace discrimination, harassment, and retaliation.  What new approaches might be warranted?  We will suggest and begin exploring possibilities through a presentation that includes real-time polling and other forms of creative and interactive engagement, with the intention of inspiring subsequent explorations of solutions. Bring your ideas, voices, and smartphones (to text for polling) on potential culturally transformative approaches to hiring, policies, training, investigations, discipline, and more.

Panelists:                                             
Loren Gesinsky, Esq., Seyfarth Shaw LLP, New York City
James L. Hallman, Esq.,
 Department of Transportation, New York City
Jay A. Hewlin, Esq.
, The Hewlin Group, Montreal and New York City
Sarah E. Ruhlen, Esq.
, Satter Law Firm, PLLC, Syracuse
Andrea H. Stempel, Esq.
,  Ernst & Young LLP, New York City 

11:05 – 11:55 a.m.            
Plenary Five:   From Michael Clayton to Michael Cohen:  Ethical Considerations for “Fixers”
Some people hire lawyers to “make it go away” or “find a way around it.”  When does a lawyer go too far?  In this program, we discuss some of the allegations against Donald Trump’s personal attorney, Michael Cohen, and ask whether certain ethical rules are implicated by his actions. 

Panelists:             
Sharon P. Stiller, Esq., Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Rochester
Jae W. Chun, Esq.
, Friedman & Anspach , New York City 

AFTERNOON OPTIONAL TOURS: 

1:30 – 4:30 p.m.                
OLD MONTREAL WALKING TOUR 
The perfect experience to begin your Montreal visit. Explore cobblestoned streets, pass centuries-old British & French architectural gems, and catch views of docked ships. Learn how Old Montreal and its St. Lawrence River Port were the most important and wealthy part of Canada for over 300 years. See how the area has evolved into the dynamic and thriving (but less industrial) riverfront neighborhood it is today. Includes a visit to Notre-Dame Basilica (entrance included).  Meet in front of Toque Restaurant, 900 Jean- Paul-Riopelle  Place at 1:30 p.m. sharp.   Preregistration required.  $45 per person. 

1:45 – 4:15 p.m.                
Street Art Walk
Montreal is known for street art.  It unexpectedly pops  up in some surprising locations. This walk traverses the artsy Plateau and hip Mile-End neighborhoods to take in some of Montreal's “graffiti” street art. These culture-rich areas will give you an off-the-beaten-path experience of the city.  Zigzagging through the colorful streets and alleyways to admire some impressive murals, public artworks and progressive community projects, you will see why Montreal is considered to be one of Canada's most artistic and cultural cities. Our guide will describe the artworks, the artists and put them in context. Novice art admirer or a well versed art connoisseur, there is something for everyone!  Departure point to be announced.  Preregistration required.  $34 per person. 

6:30 p.m. – 7:30 p.m.      
Cocktail Reception – Perché Terrace, 4th floor of Hotel William Gray, 153 rue Saint-Amable, Old Montreal.  Perche is a 15 minute walk from the Hyatt Regency.  A la carte tickets may be purchased for guests/spouses/children on the registration form.

7:30 – 10:00 p.m.              
Dinner – On Your Own or Optional “Dine-Around” with fellow attendees:  we will make group reservations at several local restaurants, people may sign up onsite at registration to join a group.  Please indicate when registering if you are interested in the “Dine Around!“

SUNDAY, OCTOBER 14

9:00 – 11:00 a.m.
Executive Committee Breakfast Meeting – Inspiration Room

For information on  this meeting contact, contact Catheryn Teeter, cteeter@nysba.org or call 518-487-5573.
Sponsorship opportunities available for this meeting: contact Catheryn Teeter at 518-487-5573 or download the Sponsorship form.

LEGAL & PRACTICAL CONSIDERATIONS IN MEDIATING WAGE AND HOUR CASES

This webinar iss sponsored by the Labor and Employment Law Section.  Not a Member? Join Here! When you join you will have access to a library of webinars like this one! 

This is for information only; no CLE credit will be given.

VIEW WEBINAR 

Wage and Hour lawsuits, brought on behalf of individual employees and also as class and collective actions, are an increasing percentage of new actions filed in state and federal court. This webinar will briefly explore the variety of legal claims and defenses and explore in detail how mediation is effectively used to reach settlements that will be approved as fair by the reviewing courts.

Topics include:

  • Types of wage and hour claims
  • Advantages and disadvantages of mediation
  • Timing of mediation
  • How does mediation differ in the wage & hour setting from other employment mediations
  • Exchange of information before the mediation: pre and post certification disclosures
  • Deciding which corporate representatives and class members who should attend the mediation
  • Best use of joint and separate caucuses
  • Guidelines for negotiating the scope of the release
  • Negotiating attorneys' fees, service awards, tax issues
  • Claims made, reversions and non-reversionary settlements, cy pres, and other administration issues
  • Cheeks v. Freeport Pancake House & judicial approval of settlements


VIEW THE LATEST LABOR AND EMPLOYMENT LAW JOURNAL

The Labor and Employment Law Journal features peer-written substantive articles relating to the practice of labor and employment law on various topics including ERISA, ADR, discrimination, social media and workplace issues. Also included are regular columns on labor matters and ethics, and updates on Section activities. The Labor and Employment Law Journal is published by the Labor and Employment Law Section and distributed to Section Members free of charge.

Read Now>

The Official Blog of the New York State Bar Association's Labor and Employment Law Section

About the Labor & Employment N.Y. (“LENY”) Blog

The Labor & Employment N.Y. (“LENY”) blog is a law blog sponsored by the New York State Bar Association’s Labor and Employment Law Section.  Among other primary objectives, the Section’s mission statement requires the Section “to disseminate information and exchange ideas relating to the development and practice of labor and employment law, both substantive and procedural,” as well as “to further the education of the Bar and the public in labor and employment law.”

Consistent with the Section’s stated purposes, this blog seeks to provide timely notice of significant events and developments affecting practitioners of labor and employment law in New York.  Blog posts are intended to cover a wide range of topics from new legislation to court decisions to agency interpretations.  Topics are selected by contributing authors based on personal choice for the purpose of sharing knowledge about, exploring, and illustrating interrelated (and in some cases interdisciplinary) aspects of current news, events, and the latest thinking in public policy, law and/or regulation.

Links provided from this NYSBA entity site are intended to be functional and accurate at the time of posting. We do not update or otherwise maintain links. Authors strive for accuracy and directness when including links and make reasonable efforts to post directly to the relevant material cited.

The posts individually, any part of or all together, do not represent expertise or legal advice of any kind.  Opinions expressed and statements made by the contributing authors are those of the authors alone and do not reflect the opinions of the NYSBA, its sections, committees, or any employee or other member thereof.  The NYSBA and all other entities mentioned above are not responsible for the accuracy of any information supplied by the authors, and the Labor and Employment Law Section retains the absolute right to edit or remove any blog entries that are deemed to be inappropriate.

The LENY bloggers are:

  • Vivian Berger;
  • Ira Cure;
  • Matthew Lampe;
  • Ruth Raisfeld;
  • David Reilly; 
  • Michael Schmidt.

General Resources


General Employment Law

Federal Material State Material
International Material

Other References

  • Good Starting Point in Print: Mark A. Rothstein et al., Rothstein, Craver, Schroeder, Shoben, and Vander Velde's Hornbook on Employment Law, West Group (1994)

Collective Bargaining

Federal Material State Material International Material Other References

Employment Discrimination

Federal Material State Material

Other References

  • Good Starting Point in Print: Mark Player, Employment Discrimination Law, West Group (1988)

Unemployment Compensation

Federal Material

State Material

Other References

Pensions

Federal Material

State Material

Other References

Workplace Safety

Federal Material

State Material

Other References

Worker's Compensation

Federal Material

State Material

Other References

General Labor Law

Federal Material

State Material

International Material Other References
  • Good Starting Point in Print: Mark A. Rothstein et al., Rothstein, Craver, Schroeder, Shoben, and Vander Velde's Hornbook on Employment Law, West Group (1991).