Labor And Employment Law Section Fall 2020 Meeting (Part Two)

Labor & Employment Law Section Fall Meeting

Part Two - Friday, October 23: 10 am to 4 pm

Sponsored by the Labor & Employment Law Section

Special Labor & Employment Law Section Member Pricing:

Full Registration (both days): $175 (attendees of 10/16 live webinar who are Section members get a discount code emailed to them for $25 off the 10/23 live webinar)

Part Two Only, Friday, Oct. 23: $100

Friday, October 23 – PART TWO

10:00 - 10:10 a.m.            

Introductions/Sponsor Acknowledgements

10:10 - 11:25 a.m.  

Legal Considerations for Ambitious and Effective Employment Diversity and Inclusion (1.5 credits Diversity & Inclusion)

Given persistent underrepresentation of many minorities and women in employment opportunities, and social activism around issues such as #BlackLivesMatter and #TimesUp, many employers are pledging to improve their diversity and inclusion. But pledging to do so does not lead automatically to tangible results. In this webinar, panelists with varying perspectives will explore the range of common diversity and inclusion programs and evaluate them against the legal framework applicable to the workplace. We will probe the range of risks as a baseline for employers to examine against their own programs, discuss the effects of diversity and inclusion programs on employees and unions, and consider how best to move forward with facilitating the change that is needed to achieve diverse and inclusive workplace cultures. Our focus is on helping employers, employees, and unions get to a “Yes” for ambitious and effective improvement while minimizing legal pitfalls along the way.

Panelists

Iyana Y. Titus, New York City Parks & Recreation, New York City

Kam Wong, Prudential Financial Inc., Newark, NJ

Nolan J. Lafler, Blitman & King LLP, Rochester

Loren Gesinsky, Seyfarth Shaw LLP, New York City

11:30 a.m. - 12:45 p.m.    

Witness Preparation: When does it Cross the Ethical Line? (1.5 credits Ethics)

We all know lawyers have a duty to prepare witnesses to testify at trial or deposition. Because the process takes place behind closed doors and cloaked in the attorney-client privilege, it is often been referred to as the profession’s “Dirty Little Secret”. Despite the protections offered by this “Cone of Silence”, there are ethical obligations and lines that practitioners cannot cross. The general rule that while you can sort of instruct a witness “how to testify”, but not “what to say”, often becomes blurred in the heat of the prosecution and defense of the controversy. The discussion at this session will cover several interesting questions including:

• When does preparation stop being preparation and became “coaching”? Are there different types of coaching and do any cross the ethical line?
• How is witness preparation affected by a sequestration order
• Can a witness be instructed in law before being asked what happened factually?
• Since words matter, can lawyers alter the words the witness plans on using to testify?
• Can lawyers, as part of preparation, change a witness’s appearance, demeanor or confidence?
• Can lawyers create memory or inducements to testify falsely?
• Can more than one witness be prepared in the same witness preparation session? Should they be?

Panelists

Louis P. DiLorenzo, Esq., Managing Member, Bond, Schoeneck & King PLLC, New York City

Susan Ritz, Esq., Ritz Clark & Ben-Asher LLP, New York City

1:00 - 1:50 p.m.     

Lunch Break

1:55 – 2:00 p.m.     

Afternoon Session Begins: Program Announcements

2:00 p.m. - 2:50 p.m.        

Maintaining the Balance: Public Sector Labor Relations in a Time of Crisis (1.0 credit Professional Practice)

Former NYS PERB Chairs Pauline Kinsella and Seth Agata join moderator Richard Zuckerman, and current Chair, John Wirenius, for a discussion of current issues facing the public sector labor relations community in this year of change and adaptation to challenging new circumstances, and what these changes could mean for the future.

Panelists

John Wirenius, Esq., Chair, Public Employment Relations Board, Albany

Seth H. Agata, Esq., Former Chair, Public Employment Relations Board, Jenner & Block, New York City

Pauline R. Kinsella, Esq., Former Chair, Public Employment Relations Board, Schenectady

Moderator

Richard K. Zuckerman, Esq., Partner, Lamb & Barnosky LLP, Melville

3:00 p.m. - 3:50 p.m.        

The SECURE Act and More: Changes Made By the SECURE Act to Pensions and Retirement Arrangements, and the Impact of the FFCRA and CARES Act, and Government Relief, on the SECURE Act and Employee Benefits (1.0 credit Professional Practice)

New, significant legislation reforming pension plans and retirement income arrangements was signed into law by President Trump on December 20, 2019. This is the most extensive act pertaining to pensions and retirement arrangements since the Pension Protection Act of 2006. The new legislation is called “The Setting Every Community Up for Retirement Enhancement Act of 2019” or the “SECURE Act”. The new legislation has an immediate impact, as a number of the changes it made to the law went into effect on the date of passage and after December 31, 2019.

The workshop will discuss the changes made by the SECURE Act to pensions and retirement arrangements. Unfortunately, the Coronavirus pandemic set in shortly after the SECURE Act was enacted. The Families First Coronavirus Response Act (the “FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” were enacted, and other IRS and DOL relief has been provided, to cope with the Coronavirus epidemic. The workshop will cover the impact of the FFCRA and CARES Act, and the government relief, on the SECURE Act and employee benefits in general.

Panelists:

Stanley D. Baum, Esq., Principal, Law Office of Stanley Baum, Amityville

William D. Frumkin, Esq., Of Counsel, Frumkin & Hunter Law PC, White Plains

Paul T. Esposito, Esq., Principal, Slevin & Hart P.C., Washington, DC