Sections & Committees

Labor and Employment Law Section

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.

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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

THE NEW SEXUAL HARASSMENT LAWS IN NEW YORK - WEBINAR

NYSBA Member: $95

Webinar: The New Sexual Harassment Laws in New York – Are You Ready?

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Program Description
New York State and New York City have passed new laws in response to the #MeToo movement, seeking to eradicate sexual harassment in the workplace. Is your firm in compliance?  Are your clients?  How do employers, employees, and Unions navigate the new requirements?  Join our panel discussion covering these topics as well as training and policy requirements and new restrictions on employment and settlement agreements.

Webinar

1.5 MCLE Credits: 1.5 Ares of Professional Practice
Co-Sponsored by the Labor & Employment Law Section and the Committee on Continuing Legal Education 

NYSBA Member: $95 | Co-Sponsoring Section Member: $75
Non-Member: $195
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Agenda Topics

  • Compliance advice for employers and clients
  • Tips for employees and unions for navigating the new requirements
  • Discussion about training, policies, and new restrictions related to employment and settlement agreements

Program Faculty

Anne R. Dana, Esq., Seyfarth Shaw LLP, NYC
Barbara Harris, Esq., Thomas Reuters, NYC
Joan C. Lenihan, Esq., Law Office of Joan C. Lenihan, Brooklyn
Iyana Titus, Esq., NYC Parks & Recreation, NYC
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Newly Admitted Attorneys: To receive skills credit, newly admitted attorneys must take accredited transitional CLE courses in traditional live classroom settings that have been approved by the CLE Board for use by newly admitted attorneys.  For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.

Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey.  If you require MCLE credit in other states, we can provide you a Uniform MCLE Form.

Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.

 


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To view the full list of Continuing Legal Education Programs, click here.

 If you have any questions about this program, please contact staff attorney Sally Bratten. 

 

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
#nysba19

Register for the 2019 Annual Meeting Here or Download The Registration Form Here.

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.

Panel Chair:
Professor Samuel Estreicher 

New York University School of Law

Panelists:  
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.

Moderator:
Geoffrey A. Mort, Esq.

Kraus & Zuchlewski LLP

Panelists:
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.

Moderator:
Colin M. Leonard, Esq.

Bond, Schoeneck & King, PLLC

Panelists: 
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

11:25 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

Panelists: 
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.   

Panelists:
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

Moderator:
Ann Lesser, Esq.,

American Arbitration Association

Panelists:
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.

Moderator:
Nathaniel E. Lambright, Esq.

Blitman & King LLP

Panelists:
Melanie Wlasuk, Esq.

Public Employment Relations Board

Seth Greenberg, Esq.
Greenberg Burzichelli Greenberg PC

Paul J. Sweeney, Esq.
Coughlin & Gerhart, LLP

LABOR & EMPLOYMENT LAW LUNCH

Friday, January 18, 2019 
12:30 PM - 2:00 PM
Sutton North, 2nd Floor
#nysba19

Register for the 2019 Annual Meeting Here or Download The Registration Form Here.



Implications of Legalized Marijuana for Labor & Employment Lawyers 
Speaker: Professor Robert Mikos, Vanderbilt University

Professor Mikos, one of the nation’s foremost experts in Cannabis Law  and author of the first-of-its-kind casebook, Marijuana Law, Policy, and Authority, will speak on federal and New York state marijuana law developments and the implications for the workplace.


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).