Labor and Employment Law Section

8:00 a.m.

Continental Breakfast (Regent/Sutton South)

8:25 a.m. – 8:30 a.m.

Welcome and Introduction

8:30 a.m. – 8:45 a.m.

Business Meeting

8:45 a.m. – 10:00 a.m.

Plenary One: Loper Bright and Elimination of Chevron Deference: How the Supreme Court’s Decision Impacts the Future of Regulation of Labor & Employment Law (Second Floor, Regent/Sutton South)

When the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo, the Court sent shockwaves through all areas of the law, including labor and employment law. Indeed, Chevron deference had been a bedrock principle of administrative law for 40 years. With Loper Bright, the future is far less certain for the Federal administrative state. This panel will examine the reasoning behind the Court’s Loper Bright decision and the new standard it imposed, the impact of Loper Bright on Federal labor law and the NLRB, as well as the decision’s impact on employment regulations.

Speaker

Professor Karen P. Fernbach | Visiting Assistant Professor Hofstra Law School Hempstead, New York

R. Scott DeLuca, Esq. | Of Counsel Ogletree Deakins Buffalo, NY

Micah Wissinger, Esq. | Partner Levy Ratner, P.C. New York, NY

10:00 a.m. – 10:10 a.m.

Break

10:10 a.m. – 11:25 a.m.

Plenary Two: Neurodiversity and the Workplace: Challenges for Employers and Employees (Second Floor, Regent/Sutton South)

Neurodiversity encompasses the notion that employees experience and interact with the world in very different ways, some of which are different than what we think of as “conventional” or “normal” behavior. The concept often is used to refer to individuals with such conditions as autism, ADHD and learning disabilities. A great many such people are employed in a broad range of businesses and industries, and employers are often unaware of their conditions – a situation that can lead to disputes, problematic working relationships and even mistreatment of neurodiverse employees. This poses a number of issues for employers and employees, including employers’ obligations to make accommodations for such employees (a majority of whom are likely disabled under the ADA and state statutes); the advantages to all concerned in making the workplace more neurodiverse-friendly; and ways in which changes in company policy and employee behavior can make neurodiverse employees more productive and content and minimize the risk of unintended actions by supervisors that harm these employees and may even lead to litigation. Our panel will discuss this important but often under-the-radar issue and focus on ways both employers and employees can make workplaces more sensitive to the obstacles facing neurodiverse employees to the advantage of both.

Speaker

Victoria Lipnic, Esq. | Partner Resolution Economics Washington, D.C.

Dr. James Maraventano | Program Director Rutgers U. Center for Adult Autism Services New Brunswick, NJ

Nicholas Sikon, Esq. | Partner Outten & Golden New York, NY

Coby Turner, Esq. | Senior Counsel, Employment Litigation & Remediation Kaiser Permanente Sacramento, CA

11:30 a.m. – 12:25 p.m.

Breakout Room A: Cultural Clashes in Discrimination Claims: A Matter of Discrimination or A Matter of Misunderstanding (Second Floor, Regent)

Cultural differences can have a significant impact on how employees communicate as well as how they are perceived in the workplace. These differences often serve as the impetus for subsequent litigation and may shape each parties’ willingness and strategic approach to the evaluation and/or resolution of discrimination claims. This panel will analyze how cultural differences have formed and may continue to form the basis for discrimination claims and how government agencies and courts may evaluate those claims in the future.

Speaker

Marjorie Mesidor, Esq. | Founding Partner Mesidor PLLC New York, NY

John F. Walpole, Esq. | Associate Ogletree Deakins New York, NY

11:30 a.m. – 12:25 p.m.

Breakout Room B: It’s 2025: Are Your Employee Handbooks Up-to-Date? (Second Floor, Sutton South)

With the constant changes to labor and employment laws, it can be difficult to navigate what must, and should, be contained in your New York-based clients’ employee handbooks. This panel will break down, among other things: what policies are required to be in employee handbooks; what policies are recommended; negotiability-related considerations for both the public and private sectors; and best practices/pitfall avoidance when preparing the handbook.

Speaker

Danny DeVoe, Esq. | Partner Sahn Ward Braff Coschignano PLLC Uniondale, NY

Jody Klipple, Esq. | Former SEIU Attorney

Oriana Vigliotti, Esq. | Senior Counsel New York State United Teachers Association New York, NY

11:30 a.m. – 12:25 p.m.

Breakout Room C: How Private Is a Public Employee’s Life, Really? (Sutton Center, Second Floor)

Do public employees enjoy an expectation of privacy with respect to their employment and employment records? This workshop will review the answer to this question and discuss, among other things, when and how public employees’ personnel information is subject to disclosure, whether HIPAA applies to an employee’s medical records in the employment context, and more.

Speaker

Wendy LaManque, Esq. | Counsel Pryor Cashman LLP New York, NY

Kelly L. Malloy, Esq. | Associate Cohen, Weiss and Simon LLP New York, NY

Andrew Martingale, Esq. | Partner Quatela Chimeri PLLC

11:30 a.m. – 12:25 p.m.

Breakout Room D: Wage and Hour Update (Sutton North, Second Floor)

This presentation provides an overview of the significant changes and updates in Wage and Hour laws for 2024. Learn about the impact of the latest regulatory developments, including the updated guidance on classification of independent contractors under the FLSA as well the increases in the minimum wage and overtime exemptions for Executive, Administrative, Professional, Outside Sales, and Computer employees. Review developments at the Supreme Court regarding the evidentiary standard required in FLSA Exemption Cases. Find out the practical challenges of litigating Wage Hour claims in federal and state court including discussions on trending claims for Plaintiffs, class waivers, arbitration agreements, and settlement via Rule 68. Stay informed on the latest developments in litigating New York Labor Law claims, including challenges to Article III standing in cases under the Wage Theft Prevention Act, as well as NYLL §§191 and 198 “Manual Worker” pay frequency claims. This presentation emphasizes the importance of proactive compliance and a thorough understanding of Wage and Hour laws for 2024, from the perspectives of both plaintiff and management attorneys.

Speaker

Vivianna Morles, Esq. | Partner Pechman Law Group PLLC New York, NY

Brent E. Pelton, Esq. | Partner Pelton Graham LLC

Michael H. Reed, Esq. | Partner Yankwitt LLP White Plains, NY

12:25 p.m.

Conclusion of CLE Programming

12:30 p.m. – 2:00 p.m.

Labor and Employment Law Section Luncheon (Beekman, Second Floor)

2:00 p.m. – 3:00 p.m.

Committee Meetings (Murray Hill West, Second Floor)