Labor and Employment Law Section Fall 2024 Meeting
Labor and Employment Law Section 2024 Fall Meeting
Join us for an unparalleled learning experience that promises to enrich your legal skills and enhance your courtroom effectiveness. Discover the forefront of labor and employment law at the Labor and Employment 2024 Fall Meeting, taking place from September 27-29, 2024, at the prestigious Sagamore resort in Bolton Landing, New York.
In addition to these stimulating sessions, participants will enjoy exclusive social events, including a delightful dinner and reception on Friday evening, a lively reception on Saturday evening, and engaging activities throughout the Saturday day.
Don’t miss this opportunity to gain valuable insights, connect with peers, and stay ahead in the dynamic field of labor and employment law. Register now for an engaging exploration of the challenges and complexities of the labor and employment law practice.
PROGRAM FACULTY:
Section Chair:
- Loren Gesinsky, Esq., Seyfarth Shaw LLP, New York, NY
Section Vice-Chair:
- Abigail Levy, Esq., New York City Office of Collective Bargaining, New York, NY
CLE Co-Chairs:
- Karen P. Fernbach, Esq., Hofstra Law School, Great Neck, NY
- Sara Kula, Esq., Kula Law P.C., Mt. Kisco, NY
- Joan C. Lenihan, Esq., Joan C. Lenihan Attorney at Law, New York, NY
- Bernard E. Mason, Esq., New York State Nurses Association, New York, NY
- Alyssa L. Zuckerman, Esq., Keane & Beane, P.C., Melville, NY
Speakers:
- Professor Miriam A. Cherry, Faculty Director, Center for Labor & Employment Law, St. John’s University School of Law, Queens, NY
- Miriam F. Clark, Esq., Partner, Ritz Clark & Ben-Asher LLP, New York, NY
- R. Scott DeLuca, Esq., Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart PC, Buffalo, NY
- Louis P. DiLorenzo, Esq., Member, Bond, Schoeneck & King PLLC, New York, NY
- Alfred G. Feliu, Esq., Feliu Neutral Services LLC, New Rochelle, NY
- Cara Greene, Esq., Partner, Outten & Golden LLP, New York, NY
- Bridget Holohan Scally, Esq., Deputy Counsel to the New York State Department of Labor, Albany, NY
- Jeremiah Iadevaia, Esq., Partner, Vladek, Raskin & Clark, P.C., New York, NY
- Monica R. Lenahan, Esq., Partner, Whiteman Osterman & Hanna LLP, Albany, NY
- Joan C. Lenihan, Esq., Joan C. Lenihan, Attorney at Law, New York, NY
- Jason B. Levin, Esq., Principal, Jackson Lewis P.C., New York, NY
- Geoffrey Mort, Esq., Of Counsel, Krauz & Zuchlewski LLP, New York, NY
- Laura Padin, Esq., Director of Work Structures, National Employment Law Project, Washington, D.C.
- Ephraim J. Pierre, Esq., Partner, Seyfarth Shaw LLP, New York, NY
- Sarah E. Ruhlen, Esq., Partner, Sarah Ruhlen Law Firm, PLLC, Syracuse, NY
- Andrew P. Scott, Legal Fellow, NYSUT Office of General Counsel
- Joshua D. Seidman, Esq., Partner, Seyfarth Shaw LLP, New York, NY
- Alicia P. Stanley, Esq., National Labor Relations Board, Albany, NY
- Sharon P. Stiller, Esq., Of Counsel, Abrams Fensterman, LLP, Rochester, NY
- Mark A. Susswein, Esq., Law Office of Mark Susswein PC, New York, NY
- Howard M. Wexler, Esq., Partner, Seyfarth Shaw LLP, New York, NY
- Kaylin L. Whittingham, Esq., Principal, Whittingham Law, New York, NY
- Jennifer Zegarelli, Esq., Senior Counsel, CSEA, Inc., Albany, NY
- Alyssa L. Zuckerman, Esq., Member, Keane & Beane, P.C., Melville, NY
REGISTRATION:
Main Conference Registration (inclusive of CLE programming, breakfast, coffee breaks, and evening receptions and dinner)
- $550 – Labor & Employment Law Section Member
- $625 – NYSBA Member but not a Labor and Employment Law Section Member
- $700 – Non-NYSBA Member (lawyers)
- $425 – 1st Time Attendee to the Labor and Employment Fall Meeting
- $450 – Newly admitted NYSBA Member (5 years or less)
- $250 – Guest/Spouse/Nonlawyer
- $125 – Children under 18 years old
Additional Activities (separate from the main conference registration fee)
- $20 – The Morgan Cruise (Saturday, 9/28, 2:00 p.m. – 3:00 p.m.)
- $20 – Pickleball Lessons (Saturday, 9/28, 2:00 p.m. – 3:00 p.m.)
- $190 – 18-hole round of Golf, includes price of golf cart (1:00 p.m.)
- Boxed Lunches will be provided
- Golf Chair: R. Scott DeLuca – [email protected]
- Free – Nature Trails (Saturday, 9/28, 1:00 p.m. – 4:00 p.m.)
POLICIES:
Cancellation Notice: Notice of cancellations must be received by Monday, September 9, 2024, in order to obtain a refund of fees.
Note: We do NOT accept on site-registrations.
ACCOMMODATION:
The Sagamore Resort
110 Sagamore Road, Bolton Landing, NY 12184
The discounted room block ended on Tuesday, August 27th. If you still need to book accommodations, you will need to make arrangements outside of our group block.
We recommend checking with the Sagamore to find available rooms. If you need any assistance or recommendations for other places to stay, please reach out to Emily Kurtzner at [email protected].
Guests can also make their reservations via their website: The Sagamore Resort Website
Should guests require special assistance, they may call The Sagamore's reservations department directly at 866-385-6221
QUESTIONS/ASSISTANCE:
For registration questions or assistance, please reach out to our Member Resource Center (MRC) at [email protected] or at 800-582-2452/ 518-463-3724.
Thank You to our Sponsors!
Friday Reception Sponsor
Saturday Wi-Fi Sponsor
Friday Wi-Fi Sponsor
Coffee Break Sponsor
General Meeting Sponsor
- September 27, 2024
- September 29, 2024
- 11:00 AM
- 10:00 AM
- The Sagamore Resort
111 Sagamore Road
Bolton, NY 12814
- 11:00 a.m. Registration and Check-In | Dollar Island Foyer
- 12:00 p.m. Boxed Lunches | Dollar Island Foyer
- 12:15 p.m. – 4:20 p.m. CLE Programs | Dollar Island W + E
- 6:00 p.m. – 7:00 p.m. Welcome Reception | Dollar Island Terrace | The Sagamore
- 7:00 p.m. – 9:00 p.m.. Welcome Dinner | Dollar Island Terrace | The Sagamore
- Morning Activities
- 7:00 a.m. - 9:00 a.m. Continental Breakfast | Dollar Island W+E
- 7:00 a.m. - 12:00 p.m. Registration and Check-In | Dollar Island Foyer
- 8:00 a.m. – 8:55 a.m. Committee Breakfast Meetings
- 9:00 a.m. – 12:00 p.m. CLE Program | Dollar Island W+E
- Afternoon Activities
- 2:00 p.m. – 3:00 p.m. The Morgan – Some of the best views of the Adirondacks can be seen while cruising through the Narrows section of Lake George.
- 2:00 p.m. – 3:00 p.m. Pickleball Lessons and open-play
- 1:00 p.m. 18-hole Round of Golf at the Sagamore (Boxed Lunches Included) - $190.00 per person
- 1:00 p.m. – 4:00 p.m. Nature Trails at the Sagamore
- Evening Activities
- 5:00 p.m. – 6:00 p.m. Closing Reception at the Sagamore
- 7:00 p.m. – Open Dinner Reservations (For more information and to add your name to a reservation, please email Emily Kurtzner at [email protected])
- Morning Activities
- 7:00 a.m. - 9:00 a.m. Continental Breakfast | Diamond Island Foyer
- 8:30 a.m. – 10:00 a.m. Executive Committee Meeting | Dollar Island West
AGENDA:
7.0 MCLE Credits (5.5 MCLE Credits in Areas of Professional Practice; 1.5 MCLE Credits in Ethics & Professionalism)
Friday, September 27, 2024
Welcome Remarks
Loren Gesinsky, Esq., Seyfarth Shaw LLP, New York, NY
A. Plenary One – Section 7 Rights - What Do They Apply To, To Whom Do They Apply, When Do They Apply, and Where Do The Lines Begin? - 12:30 p.m. – 1:45 p.m. | (1.5 MCLE Credits in Areas of Professional Practice)
The question of what impinges on the Section 7 rights of employees is of paramount importance to unions, employers, and employees insofar as it has relevance in the unionized and non-unionized context. Within the last eighteen months, the National Labor Relations Board (“NLRB) has indicated that the proffer, maintenance, and enforcement of confidentiality and non-disparagement clauses in severance agreements can violate the National Labor Relations Act (“NLRA”). In addition, the NLRB General Counsel has asserted that non-compete clauses may also violate the Act which opens the door as to whether Training Repayment Agreement Provisions may do the same under certain circumstances. This workshop will discuss the implication of how Board decisions and agency directives impact the critical question as to the rights and obligations of Employees and Employers in both the unionized and non-unionized context.
Panelists:
Alicia P. Stanley, Esq., Senior Field Attorney, National Labor Relations Board, Albany, NY
Sarah E. Ruhlen, Esq., Partner, Sarah Ruhlen Law Firm PLLC, Syracuse, NY
Howard M. Wexler, Esq., Partner, Seyfarth Shaw LLP, New York, NY
Moderator:
Andrew P. Scott, Legal Fellow, NYSUT Office of General Counsel, New York, NY
B. Plenary Two – "Can We Talk" ... The Latest on Rule 4.2 and 4.3 of the NY Rules of Professional Responsibility - 2:00 p.m. – 3:15 p.m. | (1.5 MCLE Credits in Ethics & Professionalism)
Rule 4.2 precludes attorneys from speaking with a represented party. The rule also precludes attorneys from scripting a client’s communication with a represented party. What are the limits of Rule 4.2? When is scripted communication permitted? How much scripted communication is too much? Are the rules different when the represented party is an in-house counsel? And what about the ever-present question of a “Reply All” e-mail? On the other hand, Rule 4.3 imposes responsibilities on attorneys when speaking with an unrepresented party on behalf of a client—including the responsibility of correcting any misunderstanding about the attorney’s role. This plenary session will address numerous questions as we ponder the extent of Rules 4.2 and 4.3 in the realm of labor and employment law.
Panelists:
R. Scott DeLuca, Esq., Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart PC, Buffalo, NY
Cara Greene, Esq., Partner, Outten & Golden LLP, New York, NY
Kaylin L. Whittingham, Esq., Principal, Whittingham Law, New York, NY
Concurrent Workshops (3:30 P.M. – 4:20 p.m.) | Select one at the time of registration
Workshop A – Untangling Employee Leave Laws (1.0 MCLE Credit in Areas of Professional Practice)
There are a myriad of federal, state, and city leave laws that serve a variety of purposes. Knowing which law to apply and under what circumstances has become a major challenge for employees and employers alike. Our panelists will guide us through the maze of leave legislation to a greater understanding of how best to utilize this critical jurisprudence.
Panelists:
Miriam F. Clark, Esq., Partner, Ritz Clark & Ben-Asher LLP, New York, NY
Bridget Holohan Scally, Esq., Deputy Counsel to the New York State Department of Labor, Albany, NY
Joshua D. Seidman, Esq., Partner, Seyfarth Shaw LLP, New York, NY
Moderator:
Joan C. Lenihan, Esq., Joan C. Lenihan, Attorney at Law, New York, NY
Workshop B – Public Sector Employees’ Individual Rights: Engaging in Free Speech, Association, Off-Duty Conduct, Political Activities, Social Media Use, and the Like (1.0 MCLE Credit in Areas of Professional Practice)
This panel will explore the rights, and limits on those rights, for public sector employees to engage in free speech and other on and off-the-clock personal activities.
Panelists:
Monica R. Lenahan, Esq., Partner, Whiteman Osterman & Hanna LLP, Albany, NY
Jennifer Zegarelli, Esq., Senior Counsel, CSEA, Inc., Albany, NY
Moderator:
Alyssa L. Zuckerman, Esq., Member, Keane & Beane, P.C., Melville, NY
Workshop C – Cutting Edge Issues in Employment Arbitration (1.0 MCLE Credit in Areas of Professional Practice)
Employment arbitration, whether embraced or reviled, plays a major role in the resolution of employment disputes. Congress and the courts have increasingly weighed in on the scope of claims subject to arbitration through, for example, the End Forced Arbitration Act or recent case law on the enforceability of arbitration agreements and arbitrators’ award. This Panel will review and debate -- from the perspective of employers, employees, and neutrals -- these developments along with topics such as class action waivers, mass arbitration, claim arbitrability, and discovery and motion practice in employment arbitration.
Panelists:
Jeremiah Iadevaia, Esq., Partner, Vladek, Raskin & Clark, P.C., New York, NY
Ephraim J. Pierre, Esq., Partner, Seyfarth Shaw LLP, New York, NY
Moderator:
Alfred G. Feliu, Esq., Feliu Neutral Services LLC, New Rochelle, NY
Conclusion of Friday Programming
Evening Activities
Saturday, September 28, 2024
Welcome Remarks
Loren Gesinsky, Esq., Seyfarth Shaw LLP, New York, NY
A. NY Labor Law 740 – 9:10 a.m. – 10:25 a.m. (1.5 MCLE Credits in Areas of Professional Practice)
State whistleblower developments: Issues and cases under the new Labor Law 740, including burdens of proof, requirements for an adverse action, whether employees can "double dip" by claiming they were retaliated against for complaining that an employer was violating an anti-discrimination statute, and the implications for out-of-state employees of New York companies.
Panelists:
Louis P. DiLorenzo, Esq., Member, Bond, Schoeneck & King PLLC, New York, NY
Marc A. Susswein, Esq., Law Office of Mark Susswein PC, New York, NY
Moderator:
Sharon P. Stiller, Esq., Of Counsel, Abrams Fensterman, LLP, Rochester, NY
Refreshment Break | Dollar Island W+E
B. Restrictive Covenants Today: Are Non-Competes on the Way Out? – 10:45 a.m. – 12:00 p.m. (1.5 MCLE Credits in Areas of Professional Practice)
Non-competition agreements, long disfavored in California and a few other jurisdictions, may become a thing of the past - or at least face declining use and acceptance - in the near future. In April 2024 the Federal Trade Commission issued a final rule banning most non-compete provisions. The FTC rule would pre-empt state laws that permit non-compete provisions and could have broader implications as well, such as restricting the use of clawback provisions in employment agreements and elsewhere. For the time being, however, the status of the rule (which was to take effect on September 4) is uncertain after a U.S. District Judge in Texas ruled that it exceeded the FTC's rulemaking authority. That decision is likely to be appealed. Meanwhile, in New York, in its next session the legislature is likely to re-introduce a ban on non-competes in the hope that the Governor will not veto it, as she did in 2023, and the New York City Council introduced a broad ban on non-competes in March. Our panel will explore the content of and prospects for the FTC rule, assess the status of non-competes as some states move to restrict or abolish them, examine any proposed New York legislation and its chance of passage, and look at the landscape of these provisions long criticized for suppressing competition and unfairly restricting employee mobility.
Panelists:
Professor Miriam A. Cherry, Faculty Director, Center for Labor & Employment Law, St. John’s University School of Law, Queens, NY
Jason B. Levin, Esq., Principal, Jackson Lewis P.C., New York, NY
Laura Padin, Esq., Director of Work Structures, National Employment Law Project, Washington, D.C.
Moderator:
Geoffrey Mort, Esq., Of Counsel, Kraus & Zuchlewski, New York, NY
Conclusion of Saturday Programming
12:00 p.m. Lunch on your own
Sunday, September 29, 2024
Conclusion of the Meeting
- In-Person
- LABRFA24
- Labor & Employment Law Section
- Committee on Continuing Legal Education