Date: Thursday, January 30, 2020

Non-CLE LELS Committee Program: Up Close and Personal with the NLRB----SOLD OUT!  No walk-ins will be allowed.  

4:30 p.m. ­– 6:00 p.m. Program | 6:00 p.m. – 7:00 p.m. Reception

* Photo ID required for admittance. Complimentary Registration on first-come, first-served basis.

Offsite at the American Arbitration Association ­– International Centre for Dispute Resolution New York International Arbitration Center | 150 East 42nd Street | 17th Floor


Presented by the Committee on Labor Relations Law
The Committee on Labor Relations Law continues its annual tradition of hosting the Regional Directors from the National Labor Relations Board's New York State Regional Offices: Jack Walsh (Region 2 - New York/Manhattan), Paul Murphy (Region 3 - Buffalo) and Kathy Drew King (Region 29 - Brooklyn). The Directors will be joining us to discuss noteworthy developments at the NLRB and recent reversals by the Trump Board.


Date: Friday, January 31, 2020


Meeting Program: 8:30 a.m. - 12:30 p.m. | Regent Parlor, Sutton Parlor South and Center, 2nd Fl | 4.0 MCLE Credits 

[This program is transitional and is suitable for all attorneys including those newly admitted.]


8:30 a.m.- 8:45 a.m. Business Meeting and Introduction

Chair: Alyson Mathews, Esq., Lamb & Barnosky, LLP, Melville, NY


8:45 a.m. – 9:35 a.m. Plenary One: Ethical Issues in Alternative Dispute Resolution (1.0 Credit in Ethics)
Lawyers are becoming increasingly involved with mediation, arbitration and other alternative dispute resolution procedures, whether by voluntary agreement of the parties, employer programs or court ordered processes. These matters may involve multiple claimants in class or collective matters as well as multiple respondents as joint employers or insured parties. This session will explore the often unnoticed issues of attorney ethics and confidentiality that can arise in these proceedings.

Moderator: Michael Starr, Esq., Michael Starr Mediation Services, New York, NY

Panelists: Hon. Robert M. Levy, U.S. Magistrate Judge, U.S. District Court, Eastern District of New York, Brooklyn, NY; Danielle B. Shalov, Adjunct Professor of Law and Mediation Clinic Director, New York Law School, New York, NY; Marijana Matura, Esq., Shulman Kessler LLP, Melville, NY; David S. Warner, Esq., Dorf & Nelson, LLP, Rye, NY


9:35 a.m. – 9:45 a.m. Break  [Sponsored by Abrams Fensterman]


9:45 a.m. – 10:35 a.m. Plenary Two: The Gig Economy (1.0 Credit in Areas of Professional Practice)
The last ten years have seen a huge increase in the millions of people working in the gig economy as independent contractors. Recognizing that many gig economy workers lack the most basic protections of the employment relationship, legislators and activists are pushing to extend state employment and labor law protections to gig economy workers and to classify many of them as W-2 employees. Employers argue that gig economy arrangements give employees the flexibility they want and give employers the flexibility they require. This panel will discuss how the gig economy is evolving, its implications for employers and employees, the statutory and judicial reactions to these changes, and how labor and employment lawyers can protect their clients on these critical issues.

Moderator: Jonathan Ben-Asher, Esq., Ritz Clark & Ben-Asher LLP, New York, NY          

Panelists: Terri Gerstein, Esq., Director of the State and Local Enforcement Project, Harvard Law School, Boston, MA; M. Patricia Smith, Esq., Senior Counsel, National Employment Law Project, Washington, DC; Lisa Lupion, Esq., Partner, Orrick Herrington & Sutcliff LLP, New York, NY


10:35 a.m. – 11:25 a.m. Plenary Three: California, Here We Come: Is New York the Next California? (1.0 Credit in Areas of Professional Practice)
California has long been known for its employee-friendly laws. But is New York is poised to be the next California? Recently enacted state and local laws offer increasing protections for employees, yet present compliance challenges for employers statewide. In this session, the panelists will offer insights on recent legislative changes and trends affecting:

  • Expanded protections against discrimination and harassment.
  • Hiring practices.
  • Paid leave protections.
  • Pay practices and compensation.
  • Post-employment restrictive covenants

Panel Chair: Barbara J. Harris, Esq., Senior Legal Editor, Thomson Reuters Practical Law, New York, NY

Panelists: Sarah Ruhlen, Esq., Satter Law Firm PLLC, Syracuse, NY; Loren Gesinsky, Esq., Partner, Seyfarth Shaw LLP, New York, NY


11:25 a.m. – 11:35 a.m. Break  [Sponsored by Lamb & Barnosky, LLP]


11:35 a.m. – 12:25 p.m. Concurrent Workshops (Attendees must select one and pre-register)

Workshop A:  Farmworker Collective Bargaining: New Rights under New York Labor Law (1.0 Credit in Areas of Professional Practice)
This panel will discuss the rights and responsibilities under the 2019 Farmworkers Fair Labor Practices Act, which granted farmworkers the right to unionize and engage in other concerted activities as well as other rights. The panel will discuss the substantive provisions of the law as well as issues connected with the new law's implementation.

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, CUNY, New York, NY

Panelists: Elizabeth C. Dribusch, Esq., General Counsel, New York Farm Bureau, Inc., Albany, NY; David Prouty, Esq., General Counsel, SEIU Local 32BJ, New York, NY; John F. Wirenius, Esq., Chair, New York State Public Employment Relations Board, Albany, NY; Lisa Zucker, Esq., Legislative Attorney, New York Civil Liberties Union, New York, NY

Workshop B: USERRA 101 – A Brief History and Guide for Employers/Employees and Their Rights (1.0 Credit in Areas of Professional Practice)
Join us as we discuss the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), and its amendments, and provide a practical guide to assist employers in improving their legal knowledge regarding USERRA and other applicable federal and state laws. The panel will provide information regarding the types of claims covered by USERRA and a practical overview to the administrative and judicial remedies available to employees who pursue claims under USERRA.

Panelists: Michael W. Macomber, Esq., Partner and CEO, Tully Rinckey PLLC, Albany, NY; Captain Samuel Wright, JAGC, United States Navy (Retired), Waco, TX

Workshop C: Hey Dinosaurs! 2020 Called: Must-Have Apps, Devices, Tips & Tricks to Bring Your LEL Practice into the 21st Century (1.0 Credit in Areas of Law Practice Management)

Explore “must-have” free and “pay-to-play” apps, devices, tips, and tricks that will help make every LEL attorney’s law practice more efficient. Ethical and practical considerations regarding the use of technology will also be addressed.

Panel Chair: Alyssa L. Zuckerman, Esq., Lamb & Barnosky, LLP, Melville, NY

Panelists: Andrew D. Midgen, Esq., Pitta LLP, New York, NY; Michael C. Lydakis, Esq., Manager, Policy and Compliance, Madison Square Garden, New York, NY

Workshop D: Sexual Orientation and Gender Identity Discrimination in the Workplace (1.0 Credit in Areas of Professional Practice)

In October 2019 the Supreme Court heard oral arguments in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. Twenty-five states still do not have statutes prohibiting discrimination on the basis of sexual orientation or gender identity in private employment. New York State and New York City law already provide such protections, and, in New York City, recently published Guidance on Gender Identity/Gender Expression provides explicit examples to employers on what the City considers to be discrimination under the law. Join us for a discussion on these issues as well as what employers with multi-state operations should do to ensure compliance and foster an inclusive workplace.

Panel Chair: Howard M. Wexler, Esq., Partner, Seyfarth Shaw LLP, New York, NY

Panelists: Katherine Greenberg, Esq., Assistant Commissioner, New York City Commission on Human Rights, New York, NY; Nila Merola, Esq., Corporate Counsel, Aspen Dental Management, Inc., Syracuse, NY; Omar Gonzalez-Pagan, Esq., Senior Attorney, Lambda Legal, New York, NY; Erin S. Torcello, Esq., Bond Schoeneck & King PLLC, Buffalo, NY


Reception and Luncheon: 12:30 p.m. - 2:00 p.m. | Sutton North, 2nd Floor

Speaker: Henry M. Greenberg, NYSBA President

Recollections and Remembrances of former Chief Judge, New York’s Court of Appeals, Judith S. Kaye.  Greenberg is co-editor of the new book, released in August, Judith S. Kaye in Her Own Words.


Committee Meetings: 2:00 p.m. – 3:00 p.m. | Beekman, 2nd Floor 


Section Chair: Alyson Mathews, Esq., Lamb & Barnosky, LLP, Melville, NY

Program Co-Chairs: Robert M. Boreanaz, Esq., Lipsitz Green Scime Cambria LLP, Buffalo, NY; Karen P. Fernbach, Esq., Hofstra Law School, Hempstead, NY; Abigail R. Levy, Esq., New York City Office of Collective Bargaining, New York, NY


LABOR AND EMPLOYMENT LAW SECTION SCHEDULE

© 2019 New York State Bar Association

HOTEL INFO

NEW YORK HILTON MIDTOWN
1335 AVENUE OF THE AMERICAS
NEW YORK, NY 10019
212-586-7000

  Home | SCHEDULE  | sections | COMMITTEES |  SPONSORS  |  NYSBA GALA  |  PRICING  |  REGISTER

BOOK NOWRegister

Contact Us: [email protected] or 800-582-2452