Labor & Employment Law Section Meeting
Friday, January 18, 2019
8:30 AM - 12:25 PM
Total MCLE Credits: 4.00 (Professional Practice 2.00, Diversity 1.00, Ethics 1.00)
Regent Parlor, Sutton Parlor South & Center, 2nd Floor
Don't forget to select your workshop topic when registering:
8:30 a.m. – 8:45 a.m. Business Meeting and Introductory Remarks
Cara Greene, Section Chair
Outten & Golden LLP
New York City
8:45 a.m. – 9:35 a.m. Plenary One: Training’s Role in Transforming Workplace Culture (1.0 Credit in Diversity, Inclusion and Elimination of Bias)
During the Transforming Workplace Culture presentation at the Section's Fall Meeting, the audience weighed in on key questions about obstacles to genuinely changing workplace culture to, increase civility and prevent discrimination, harassment, and retaliation. Our speakers will springboard from the Fall Meeting's real-time polling results to explore what training strategies are most likely to promote meaningful transformation in workplace culture.
Professor Samuel Estreicher
New York University School of Law
James L. Hallman, Esq.
New York City Department of Transportation
Susan R. Ritz, Esq.
Ritz Clark & Ben-Asher LLP
9:35 a.m. – 9:45 a.m. Break
9:45 a.m. – 10:35 a.m. Plenary Two: 2018 Legislative and Regulatory Developments in New York State Employment Law (1.0 Credit in Areas of Professional Practice)
2018 was an eventful year in New York Employment Law, with a number of significant new laws being passed or enacted and new regulations being promulgated. These developments will impact many of our practices in important ways. Our seasoned panel members, who closely follow the legislative scene in Albany, will discuss the state’s new sexual harassment laws, the Paid Family Leave Act, and other new laws and regulations.
Geoffrey A. Mort, Esq.
Kraus & Zuchlewski LLP
Sarah J. Burger, Esq.
Burger Law Group PLLC
Andrew D. Bobrek, Esq.
Bond, Schoeneck & King, PLLC
10:35 a.m. – 11:25 a.m. Plenary Three: Candor Before the Tribunal (1.0 Credit in Ethics)
Does an attorney have a duty to advise the court of an unfavorable authority that an adversary might've missed? How about a fact that could change the outcome of case? Seasoned litigators will discuss the duty to balance zealous advocacy with candor, and a New York State appellate court judge will review our duty to act as officers of the court and the possible sanctions associated with neglecting that duty.
Colin M. Leonard, Esq.
Bond, Schoeneck & King, PLLC
Hon. Valerie Brathwaite Nelson, Associate Justice
Appellate Division, Second Judicial Department
NYS Supreme Court
Robert Schofield, Esq.
Whiteman Osterman & Hanna LLP
Kate M. Swearengen, Esq.
Cohen, Weiss & Simon
a.m. –11:35 a.m. Break
11:35 a.m. – 12:25 p.m. CONCURRENT WORKSHOP BREAKOUTS – SELECT ONE
Workshop A: ERISA Employee Leave of Absence Requirements That Affect New York State Employers
Learn the rules and requirements for taking a leave of absence under each of the three below acts, and how the acts relate to and interact with each other:
• The Federal Family and Medical Leave Act
• New York State Paid Family Leave
• New York City Earned Sick and Safe Time Act
Stanley D. Baum, Esq.
Cary Kane, LLP
Paul T. Esposito, Esq.
Slevin & Hart, P.C.
Howard T. Schragin, Esq.
Sapir Schragin LLP
Elizabeth E. Hunter, Esq.
Frumkin & Hunter LLP
Workshop B: NLRB: NLRB Update
Representatives of labor and management, joined by a former NLRB Regional Director, will examine developing issues at the National Labor Relations Board including the Board’s decision to revisit the recently amended R-case Rules, the potential use of rulemaking on standards for joint employer determinations, and the General Counsel’s memoranda on the investigation of cases alleging breach of the duty of fair representation and overbroad workplace rules post-Boeing.
Karen P. Fernbach, Esq.
Hofstra Law School, Former NLRB Region 2 Director
Peter D. Conrad, Esq.
Proskauer Rose LLP
Jae W. Chun, Esq.
Friedman & Anspach
Workshop C: EPICA Road Map: Revisiting Arbitration Agreements in Light of Epic
In Epic Systems Corp. v. Lewis, the Supreme Court of the United States continued a line of authority – including AT&T Mobility v. Concepcion and American Express v. Italian Colors – to conclude, once again, that employers may require employees to enter into arbitration agreements that waive their ability to participate in class or collective actions. Examine safeguards transactional attorneys should include in negotiating arbitration clauses to ensure the enforceability of class waivers in light of Epic and its progeny in federal and state courts. Issues employers and employees will face when litigating existing agreements, and drafting future arbitration agreements will also be covered including:
• Case management provisions to maximize the expeditious and cost-effective attributes of the arbitral forum
• Continued necessity of opt out clauses;
• Collateral estoppel issues;
• Missing “magic” words
• Cost concerns
Ann Lesser, Esq.,
American Arbitration Association
Theodore K. Cheng Esq.
ADR Office of Theo Cheng LLC
Melissa L. Stewart, Esq.
Outten & Golden LLP
Amanda M. Fugazy Esq.
Ellenoff, Grossman & Schole LLP
Workshop D: JANUS-Janus’ Impacts on New York’s Public Sector Employers and Unions (1.0 Credit in Areas of Professional Practice)
Practical impacts of the U.S. Supreme Court’s decision in Janus v. American Federation of State, County and Municipal Employees, Council 31 on New York’s public sector employers, employees and unions will be discussed, along with an overview of the Taylor Law amendments passed in early 2018 to counter Janus’ impact, and how public sector employers and unions have dealt with Janus and the related Taylor Law amendments.
Nathaniel G. Lambright, Esq.
Blitman & King LLP
Melanie Wlasuk, Esq.
Public Employment Relations Board
Seth Greenberg, Esq.
Greenberg Burzichelli Greenberg PC
Paul J. Sweeney, Esq.
Coughlin & Gerhart, LLP