Labor and Employment Law Section

4:00 p.m. – 4:05 p.m.

Welcome and Introduction

Speaker

Sheryl B. Galler, Esq. | Section Chair Book Law LLP New York, NY

4:10 p.m. – 5:10 p.m.

Meet the NLRB General Counsel

Speaker

Jennifer Abruzzo, Esq. | General Counsel National Labor Relations Board Washington, DC

4:10 p.m. – 5:10 p.m.

The New Federal Pregnant Workers Fairness Act and Pump Act

In spite of Title VII and the Pregnancy Discrimination Act, protections for pregnant workers on the federal level have been woefully inadequate. The passage of the Pregnant Workers Fairness Act ("PWFA") which took effect in June of 2023, relieved pregnant workers of having to show that they had coworkers who were similarly situated or that they were suffering from a pregnancy related disability. Furthermore, the Providing Urgent Maternal Protection for Nursing Mothers Act ("PUMP"), which amended the Fair labor Standards Act, eased the burden of employees who returned to work but who wanted to continue breastfeeding their babies. Join Katherine Greenberg and Michael Del Piano as they discuss the ramifications of these laws and how they impact employers and employees both nationally and in New York State.

Speaker

Katherine Greenberg, Esq. | Director of Strategic Litigation A Better Balance New York, NY

Michael J. Del Piano, Esq. | Partner Lewis Johs Avallone Aviles, LLP Islandia, NY

Moderator

Joan C. Lenihan, Esq. | Joan C. Lenihan, Attorney at Law, New York, NY

5:15 p.m. – 6:00 p.m.

Reception

6:00 p.m. – 7:00 p.m.

Executive Committee Meeting / Dinner

8:25 a.m. – 8:30 a.m.

Welcome and Introduction

Speaker

Sheryl B. Galler, Esq. | Section Chair Book Law LLP New York, NY

8:30 a.m. – 8:45 a.m.

Business Meeting

Second Floor, Regent/Sutton South

8:45 a.m. – 10:00 a.m.

Plenary One | SO WHAT’S NEW IN NEW YORK?

Second Floor, Regent/Sutton South

The short answer: A lot! Our panel will provide an update on employment laws and decisions, with a deep dive into issues involving height and weight discrimination, nondisclosure agreements, access to social media, and whistleblower claims. They will also review changes in rules governing separation agreements, harassment prevention policies and training, pay transparency, and captive audiences, and what may still be on the horizon.

Speaker

Miriam F. Clark, Esq. | Partner Ritz Clark & Ben-Asher LLP New York, NY

Tracey Salmon-Smith, Esq. | Partner Faegre Drinker Biddle & Reath LLP Florham Park, NY

Bridget Holohan Scally, Esq. | Deputy General Counsel and Associate Commissioner New York State Department of Labor Albany, NY

Steven A. Zuckerman, Esq. | Associate Cooley LLP New York, NY

Moderator

Sara Kula, Esq. | Kula Law P.C. Mt. Kisco, NY

10:00 a.m. – 10:10 a.m.

Break

10:10 a.m. – 11:25 a.m.

Plenary Two | THE CHANGING FACE OF RELIGIOUS DISCRIMINATION LAW

Second Floor, Regent/Sutton South

During 2023, in Groff v. DeJoy and soon thereafter in 303 Creative LLC v. Elenis, the Supreme Court made it easier for plaintiffs bringing religious discrimination claims to prevail in different circumstances. Some have expressed concern that these decisions and others represent an effort to undermine the separation of church and state. Nowhere is this more apparent than in the continuing litigation of cases involving the ministerial exception, a doctrine which can insulate individuals and organizations affiliated with religious groups from liability in discrimination cases in many situations. Our panel will explore this apparent trend towards exempting religious institutions and groups associated with them from coverage by anti-discrimination laws and will discuss the implications of this evolving doctrine for employers, employees, and employment law generally.

Speaker

William Devitt, Esq. | Senior VP, Senior Attorney - Employment Counsel Valley National Bank Wayne, NJ

Prof. Abner S. Greene | Fordham Law School New York, NY

Geoffrey Mort, Esq. | Of Counsel Kraus & Zuchlewski New York, NY

Dawn Solowey, Esq. | Partner Seyfarth Shaw Boston, MA

11:30 a.m. – 12:25 p.m.

Breakout Room A: ETHICAL ISSUES IN INTERNAL INVESTIGATIONS

Second Floor, Regent

Our panel will present ethical issues that arise in internal investigations of alleged misconduct. Topics to be addressed include privilege considerations, selection of counsel, and final investigative reports.

Speaker

Julie Fink, Esq. | Managing Partner Kaplan, Hecker & Fink LLP New York, NY

Ann-Elizabeth Ostrager, Esq. | Partner Sullivan & Cromwell New York, NY

Jacob G. Singer, Esq. | Associate Sullivan & Cromwell New York, NY

11:30 a.m. – 12:25 p.m.

Breakout Room B: ARE COLLEGE ATHLETES EMPLOYEES AND, IF SO, WHO ARE THEIR EMPLOYERS AND WHERE ARE THE LINES?

Second Floor, Sutton South

The questions of whether student athletes are employees under the National Labor Relations Act (NLRA) and, if so, who are their employers, are at the forefront of the pending case against the University of Southern California (USC), the Pac-12 Conference, and the National Collegiate Athletic Association (NCAA). In that case, the NLRB General Counsel asserts employee status of the players, asserts that the Board should exercise jurisdiction in an area where it has previously declined to do so, and asserts that several entities are the athletes’ employers, pursuing a joint employer theory that student athletes “perform services for” and are “subject to the control of” not only USC, but also the Pac-12 and the NCAA. There is also a case currently pending NLRB case involving non-scholarship athletes at Dartmouth College. This workshop will discuss that the implications for the status of student athletes and hear how the new NLRB’s Final Rule on addressing the Standard for Determining Joint-Employer Status under the National Labor Relations Act, issued in October 2023, impacts the critical question of who employers are, with the rights and obligations associated therewith.

Speaker

Bernard E. Mason, Esq. | Associate Counsel New York State Nurses Association New York, NY

Dr. César F. Rosado Marzán, Esq | Edward L. Carmody Professor of Law Director, Graduate Programs & Visiting Scholars University of Iowa College of Law Iowa City, IA

Megan S. Shaw, Esq. | Associate, Cohen, Weiss and Simon LLP New York, NY

Alice Stock, Esq. | Of Counsel Bond Schoeck & King New York, NY

11:30 a.m. – 12:25 p.m.

Breakout Room C: WHAT’S IT WORTH TO YOU?

Second Floor, Sutton Center

Our panel will discuss best practices for valuing employment discrimination and harassment cases and for negotiating settlements from the perspectives of plaintiff counsel, defense counsel and neutrals.

Speaker

Jeanne M. Christensen, Esq. | Partner Wigdor LLP New York, NY

Ana C. Shields, Esq. | Office Managing Principal Jackson Lewis P.C. Melville, NY

Victoria Spagnolo, Esq. | Book Law LLP New York, NY

Timothy S. Taylor, Esq. | Arbitrator and Mediator Scheinman Arbitration & Mediation Services Port Washington, NY

12:25 p.m.

Conclusion of CLE Programming

12:30 p.m. – 2:00 p.m.

Labor and Employment Luncheon

Sutton North | Second Floor

Presentation of Kaynard and Stein Awards

Speaker

Jessica Ramos | New York State Senate District 13

2:00 p.m. – 3:00 p.m.

Committee Meetings

Beekman | Second Floor