Sections & Committees

Labor and Employment Law Section

FRIDAY, SEPTEMBER 20 - SUNDAY, SEPTEMBER 22, 2019
LABOR & EMPLOYMENT LAW SECTION FALL MEETING

THE STATLER HOTEL
CORNELL UNIVERSITY
130 STATLER DRIVE
Ithaca, NY

NY MCLE Credit: 7.0 transitional credits; 5.5 in Professional Practice and 1.5 in Ethics for all attorneys including newly admitted.

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Hotel Reservation Deadline is August 28th.  Book early to ensure availability.

MEETING AGENDA

FRIDAY, SEPTEMBER 20

11:00 a.m.
Registration  – Carrier Ballroom Foyer, Second Floor

11:00 a.m. – 12:15 p.m. 
Lunch – Carrier Ballroom Foyer, Second Floor
Boxed lunches are provided for registered attorneys only as part of their meeting fees.  

12:15 – 3:00 p.m.              
PLENARY SESSIONS – Carrier Ballroom  Second Floor

12:15 – 12:30 p.m.                            
Labor & Employment Law Section Welcome
Alyson Mathews, Esq. 
Section Chair 

Program Welcome
Abigail Levy, Esq. 
CLE Committee Program Co-Chair 

12:30 – 1:45 p.m.              
Plenary One:  Massive Disruption – How Artificial Intelligence & Automation Are Likely to Reshape Labor & Employment Law and the Workplace                                                               
Perhaps no issue has more long-term significance for employees, employers and the attorneys who represent them than the extent to which automation- also referred to as "robotization"- is altering the nature of employment in the U.S.  Automation is splitting workers into two worlds (highly educated professionals making large salaries and many more employees holding futureless, low-paying jobs in the service and retail sectors,) and has critical implications for the legal constructs that govern the employment relationship.  How the work force will change during and what it will be like in the next ten years is something all labor and employment lawyers must comprehend.

Panel  Chair:                                      
Kelly Trindel, PhD., Head of Industrial Organizational Science & Diversity Analytics, Pymetrics, New York City
Panelists:                                            
Dr. Gerlind Wisskirchen, CMS Hasche Sigle, Cologne, Germany
Larry Cary, Esq., Cary Kane, New York City

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

2:00 – 3:15 p.m.                
Plenary Two: Negotiating Statutory Procedures in the Public Sector
This panel, comprised of a management attorney, a union attorney and PERB neutrals, will address public sector bargaining issues under the Taylor Law with respect to the negotiation of statutory procedures, including Civil Service Law Sections 71-73, Civil Service Law Section 75 and General Municipal Law Section 207-a and 207-c. 

Moderator:        
Paul J. Sweeney, Esq., Coughlin & Gerhart, LLP, Binghamton
Panelists:             
Richard K. Zuckerman, Esq. (Management), Lamb & Barnosky LLP, Melville
Nolan J. Lafler, Esq. (Union), Blitman & King LLP, Syracuse
Hon. Joseph O’Donnell (Neutral),  Public Employment Relations Board, Buffalo
Hon. Mary Thomas Scott (Neutral), Public Employment Relations Board, Buffalo

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

3:30 – 4:20 p.m.
CONCURRENT WORKSHOPS  (PLEASE SELECT ONE)
                
WORKSHOP A:  Medical and Recreational Marijuana in the Workplace or as a Business
What employers should know regarding employee policy and procedures and regulating its foreign national staff. Federal Preemption has come to mean many things in the area of employment law and immigration. Marijuana has opened up a whole new debate. This seminar will strive to answer and address these questions through real life examples and consequences for both USA citizens and foreign nationals.

Moderator:                                       
Patricia L. Gannon, Esq., Greenspoon Marder, LLP, New York City
Panelists:                                            
Marcela Bermudez, Esq., Greenspoon Marder LLP, New York City
Geoffrey A.  Mort, Esq., Kraus & Zuchlewski LLP, New York City

WORKSHOP B: Current Developments in Wage-Hour Disputes
A variety of emerging issues in the always changing world of wage and hour law will be discussed, including recent agency opinion letters, pending regulatory revisions, and case law developments in New York state and federal

Panelists:                                           
Joseph A. Carello, Esq., Wegmans Food Markets, Inc., Rochester
Michael J. Lingle, Esq., Thomas & Solomon LLP, Rochester
Laura G. Rodriguez, Esq., Pechman Law Group PLLC, New York City
Erin S. Torcello, Esq., Bond, Schoeneck & King, PLLC, Buffalo

WORKSHOP C:  Changes to Employee Benefits and Executive Compensation under the Tax Cuts and Jobs Act of 2017            

  • Changes to the Limitation on Excessive Employee Remuneration (Code section 162(m))
  • Excise Tax on Excess Tax-Exempt Organization Executive Compensation  (Code section 4960)
  • The new Qualified Equity Grants (Code section 83), and other changes to benefits and executive compensation under the Act

Panelists:                                        
Stanley Baum, Esq., Amityville
Ryan J. Barbur, Esq., Levy Ratner, P.C., New York City

7:00 – 10:00 p.m.                              
Cocktail Reception & Dinner
 – Carrier Ballroom, Second Floor
Dinner Speaker: Dean Alexander Colvin, Ph.D. Kenneth F. Kahn '69 Dean and the Martin F. Scheinman '75, MS '76 Professor of Conflict Resolution at the Industrial Labor Relations School, Cornell University
 

SATURDAY, SEPTEMBER 21
7:30 – 9:00 a.m. 
Registration and Continental Breakfast – Carrier Ballroom Foyer, Second Floor
Breakfast for registered attorneys and registered guests only.

8:00 a.m. – 9:00 a.m.       
Committees’ Breakfast Meetings – Taylor & Rowe Rooms

9:00 a.m. – 12:00 p.m.  
PLENARY SESSIONS – Carrier Ballroom, Second Floor

9:00 – 9:10 a.m. 
Program Introduction
Robert L. Boreanaz, Esq.
CLE Committee Program Co-Chair

9:10 – 10:25 a.m.              
Plenary Three: Attorney Client Privilege – What it Really Covers and How to Protect It  (ETHICS Session)  
Lawyers (and clients) often throw out the term “attorney client privilege” claiming it applies to a particular communication.  Often that characterization is misplaced.  This program will explore what the privilege really covers and doesn’t cover, and how to protect it.

Panelists:                                            
Dean Bradley Wendel, Associate Dean for Academic Affairs and Professor of Law, Cornell Law School, Ithaca
Hon. Therese Wiley Dancks, U.S. Magistrate Judge, Northern District of New York, Syracuse
Erin McGee, Esq., Friedman & Anspach, New York City
Colin M. Leonard, Esq., Bond, Schoeneck & King, PLLC, Syracuse

10:25 – 10:40 a.m.                     
Coffee/Networking Break

10:40 – 11:55 a.m.            
Plenary Four:  NLRB 2019 Update
Earlier this year the National Labor Relations Board announced an ambitious rulemaking agenda that will include, in addition to the joint employer standard, rulemaking on employee status of graduate students and access to employer private property, among other things.  We will review the status and implications of these agency initiatives as well as recent rulings by the Board and the General Counsel’s Division of Advice on independent contractor status, use of the “rat” and other inflatables in labor disputes, and limits on union organizational activity.

Panel Chair:
Peter D. Conrad, Esq., Proskauer Rose LLP, New York City
Panelists:                                             
Karen P. Fernbach, Esq., Arbitrator; Visiting Assistant Professor Law, Hofstra Law School; and Retired Regional Director of the National Labor Relations Board (Manhattan), Great Neck
Allyson L. Belovin, Esq., Levy Ratner, P.C., New York City

AFTERNOON ON YOUR OWN TO EXPLORE

1:00 – 5:30 p.m.                
GOLF TOURNAMENT - COUNTRY CLUB OF ITHACA, 189 Pleasant Grove Road
Meet at the Golf Pro Shop at 1:00 p.m. $95 per person. Fee includes 18 holes of golf, golf cart and boxed lunch. 
Please include payment when registering.

6:30 p.m. – 8:30 p.m.      
Cocktail Reception – Coltivare, 235 South Cayuga Street (corner of East Clinton, one block from "The Commons")
Meaning “to cultivate” in Italian, Coltivare houses the culinary “Farm-to-Bistro” programs of the Tompkins Cortland Community College. It helps support the College’s Farm, sourcing produce grown there as part of the school’s  Sustainable Farming and Food Systems program.  Reservations may be booked for dinner following our reception at the onsite restaurant at 607-882-2333. Other dining options in “The Commons” downtown area of Ithaca are plentiful.  Free weekend parking nearby in the  Cayuga Street garage.

Dinner – On Your Own

SUNDAY, SEPTEMBER 22
9:00 – 11:00 a.m.
Executive Committee Breakfast Meeting – Carrier Ballroom, Second Floor

Questions on this Program?  Contact Catheryn Teeter, 518-487-5573 or cteeter@nysba.org

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).