Labor & Employment Law Section Meeting

Friday, January 26, 2018
8:30 AM - 12:30 PM
Total MCLE Credits: 4.00 (Professional Practice 3.00, Ethics 1.00)
Regent Parlor, Sutton Parlor South & Center, 2nd Floor


4.0 Total Credits:  3.0 in Professional Practice and 1.0 in Ethics for experienced attorneys only. 

Program Location:  Regent Parlor, Sutton Parlor South & Center, 2nd Floor

Plenary Topics Include:
Key Issues Relating to the Art (and Science) of the Settlement
Changes on the Front End: Revolutions and Evolutions in Hiring Practices
Avoiding Ethical Traps in Sexual Harassment Investigations 

Breakout Sessions (Please select one of the following when registering)
Workshop A:
 Hot Issues in ERISA
Workshop B: "Off-The-Clock" Litigation
Workshop C: Motion Practice in Arbitration - A  Bridge Too Far or a Welcome Development?
Workshop D: Current Labor Relations Issues in Higher Education

Lunch Follows (Additional Fee Applies)
12:30 pm to 2:00 pm in Sutton North, 2nd Floor
Speaker:  Gillian Thomas, Esq., Senior Staff Attorney, ACLU Women’s Rights Project and Author, Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women’s Lives at Work  

Seth Greenberg, Esq., Greenberg Burzichelli Greenberg PC, New Hyde Park

Alyson Mathews, Esq., Lamb & Barnosky, LLP, Melville
Robert M. Boreanaz, Esq., Lipsitz Green Scime Cambria LLP, Buffalo
Abigail Levy, Esq., New York City Office of Collective Bargaining, New York City

8:30 – 8:45 am
Business Meeting and Introductory Remarks:  Seth Greenberg, Esq., Section Chair 

8:45 – 9:35 am
Plenary One:  Key Issues Relating to the Art (and Science) of the Settlement
By far, the great majority of employment–related cases are settled without trial.  It is more important than ever to negotiate settlements effectively in order to arrive at the optimal result for your client.  Examine the dos and don’ts of settlement negotiations, including the role of insurance companies in cases where an EPLI policy is involved, how to decide whether to mediate or negotiate directly with opposing counsel, the role of Rule 68 Offers of Judgment in the settlement process, how to address Cheeks issues when you’re trying to settle an FLSA case, and tactical pitfalls to be aware of as you work through the settlement process. 

Louis P. DiLorenzo, Esq., Bond, Schoeneck & King, PLLC, New York City
Pearl Zuchlewski, Esq., Kraus & Zuchlewski, LLP, New York City
Timothy S. Taylor, Esq., Albany
Dean Constantine, Esq., AIG, New York City

9:35 – 9:50 am
Coffee Break

9:50 – 10:40 am
Plenary Two:  Changes on the Front End: Revolutions and Evolutions in Hiring Practices 
The Panel will lead an interactive discussion of recent legal developments and business trends impacting hiring practices at the local, state, and federal levels including: avoiding salary history inquiries; leveraging “Big Data” through A.I., analytics, and other technology developments; Banning the Box and other initiatives related to background checks and not considering unemployed status.

Kelly Trindel, PhD, Chief Analyst, Office of Research, Information and Planning, EEOC, Washington, DC
Dana Sussman, Esq., Deputy Commissioner for Policy and Intergovernmental Affairs, New York City Commission On Human Rights, New York City
Annette Tyman, Esq., Co-Chair of the Pay Equity and Organizational Strategy and Analytics Groups, Seyfarth Shaw LLP, Chicago, IL

10:40 – 11:30 am
Plenary Three:  Avoiding Ethical Traps in Sexual Harassment Investigations
Practical advice for conducting investigations including whether an investigation will be privileged, ethical limitations on the use of social media and communications with unrepresented parties. 

Jill L. Rosenberg, Esq., Orrick Herrington & Sutcliffe LLP, New York City
Terri L. Chase, Jones Day, New York City
Prof. Merrick (Rick) Rossein, CUNY Law School, Long Island City
Leslie M. Ballantyne, Esq., Vice President, HR Legal & Regulatory Affairs, Memorial Sloan-Kettering Cancer Center, New York City

11:30 – 11:40 am
Break for Concurrent Workshops -  Please Choose One of the Following (and sign up for it in advance):

11:40 am – 12:30 pm
Workshop A:   Hot Issues In ERISA
An overview of ERISA-related topics, such as fiduciary requirements, claims procedures, and participant and DOL enforcement of plan terms and the statute.  Panelists will cover current issues pertaining to these topics, including: the new DOL definition of fiduciary, litigation over excess plan fees and improper investments offered to participants, new procedural rules for disability claims, and recent case law affecting the level of deference given to a plan administrator’s benefit claim denials.

Stanley Baum, Esq., Cary Kane, LLP, New York City
Susan E. Bernstein, Esq., Schulte Roth & Zabel LLP, New York City

Workshop B: “Off-the-Clock” Litigation
Discussion of class/collective certification issues, damages analysis, experts, and settlement challenges.  

Panel Chair:
Robert Whitman, Esq., Seyfarth Shaw LLP, New York City 
Patrick J. Solomon, Esq., Thomas & Solomon LLP, Rochester
Rachel M. Haskell, Esq., Law Office of Christopher Q. Davis, New York City
Matthew A. Steinberg, Esq., Akerman LLP, New York City

Workshop C:  Motion Practice in Arbitration:  A Bridge Too Far or a Welcome Development?
What are the pros and cons of motion practice in labor arbitration, a forum generally known for its low cost and expedited process? In this program, motion practice in both labor and employment law arbitrations will be examined. Should an arbitrator entertain motions, including those to compel discovery, amend disciplinary charges or pleadings, and to dismiss? Motion practice in arbitration spurns tradition but deserves a frank assessment.

Panel Chair:
James A. Brown, Esq., Arbitrator and Mediator, Brooklyn
Claire Tuck, Esq., New York State Nurses Association, New York City
Philip Repash, Esq., Northwell Health, New Hyde Park
Laurence S. Moy, Outten & Golden LLP, New York City
Philip Berkowitz, Esq., Littler Mendelson P.C., New York City

Workshop D:  Current Labor Relations Issues in Higher Education
In recent years there has been a dramatic increase in unionization efforts by faculty, graduate students and post-docs at both private and public colleges and universities.  This panel will explore the legal issues that impact those efforts under federal and state labor laws.  In addition, the panel will address Janus v. AFSCME, pending argument in the U.S. Supreme Court, and its potential impact on public sector organizing in higher education.

Panel Chair:
William A. Herbert, Esq., Distinguished Lecturer, Hunter College, and Executive Director of the National Center for the Study of Collective Bargaining in Higher Education, New York City
Mairead E. Connor, Esq., Law Offices of Mairead E. Connor, PLLC, Syracuse              
Peter D. Conrad, Esq., Proskauer Rose LLP, New York City  

Under New York’s MCLE rule, this program has been approved for a total of 4.0 credit hours (3.0 in Areas of Professional Practice and 1.0 in Ethics). This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program.

Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 12, 2018. For more details, please contact Catheryn Teeter in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or

Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Catheryn Teeter at 518-487-5773 or

For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association or on the web at The rate will be based on room selection (single/double occupancy) and arrival/departure dates with additional taxes and hotel fees. The discounted rate for January 21st and January 22nd is $179 per night. The discounted rate for January 23rd through January 28th is $229 per night. A rate of $209 will be offered to those with overlapping dates.  Reservations must be made by December 29, 2017. 

For questions about this specific program, please contact Catheryn Teeter at 518-487-5573. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.