Labor and Employment Law Section Fall Meeting 2022

Agenda

Friday, September, 16, 2022

(4.0 MCLE Credits)

11:00 a.m.                                        

Registration – Oak Room

11:00 a.m. – 12:15 p.m.                  

Lunch

12:15 p.m. – 12:30 p.m.                  

Welcome & Introduction

Section Welcome:

Robert L. Boreanaz, Esq.

Section Chair

Lipsitz Green Scime Cambria

Buffalo, NY

Karen Fernbach, Esq.

CLE Committee Co-Chair

Hofstra Law School

Hempstead, NY

12:30 p.m. – 1:45 p.m.       

Plenary One: New York State Court of Appeals Roundup – Ballroom

Our panelists will discuss recent and upcoming Court of Appeals cases including the decision in Donohue v. Cuomo, recently argued City of Long Beach v. PERB, and briefed cases that are awaiting oral argument, Borelli v. City of Yonkers, Rochester Police Locust Club v. City of Rochester, City of Syracuse v. Syracuse PBA, and Motondo v. City of Syracuse. Topics covered will include retiree health benefits, police discipline and municipal police review board legislation, and contractual rights to regular salary/wages for firefighters injured in the performance of duty.

Moderator:

Ronald G. Dunn, Esq.

Gleason, Dunn, Walsh & O’Shea

Albany, NY

Panelists:

Christine Caputo Granich, Esq.

New York State Law Enforcement Officers Union

Council 82, AFSCME, AFL-CIO

Albany, NY

Matthew P. Ryan, Esq.

Roemer Wallens Gold & Mineaux LLP

Albany, NY

Jennifer C. Zegarelli, Esq.

CSEA, Legal Department

Albany, NY

1.5 MCLE Credits in Areas of Professional Practice

1:45 p.m. – 2:00 p.m.                      

Coffee and Snack Break - Ballroom

2:00 p.m. – 3:15 p.m.                      

Plenary Two – Remote Work Issue Spotting and Essentials Checklist - Ballroom

Remote work and working from home is here to stay. In the rush to transition to a fully or partially remote workplace, we all had to do our best to make it work “on the fly.” Now that we’re settled in, we need to shift to implementing the necessary and best practices for those working remotely including: ensuring that data security (both cyber and physical) is addressed from home to the workplace and back; implementing employee monitoring practices that are practical and consistent with applicable law; and taking steps to ensure that employees understand the “rules” with respect to working conditions and expectations when remotely working, including, but not limited to, hours of work, the use of PTO, disciplinary issues; etc. This presentation will explore these issues, and more, as they affect attorneys, unions, employers and employees, and offer guidance for performing an internal assessment of your WFH policies and procedures. 

Panelists: 

Elena Cacavas, Esq.

Cacavas ADR, LLC

New York, NY

Seth H. Greenberg, Esq.

Greenberg Burzichelli Greenberg P.C.

Lake Success, NY

Alyssa Zuckerman, Esq.

Lamb & Barnosky, LLP

Melville, NY

1.5 MCLE Credits in Areas of Law Practice Management

3:15 p.m. – 3:30 p.m. 

Coffee Break

CONCURRENT WORKSHOPS

3:30 p.m. – 4:20 p.m. 

Workshop A – The Effect on Employers’ Health Care Benefits Plans of the Repeal of Roe v. Wade – Abner Doubleday Room

The repeal allows states to ban abortions. Accordingly, the workshop focuses on which types of health care plans can be affected by such a ban. It also deals with the need for an employer to monitor future developments in the area and be prepared to amend its plan to comply with an applicable change in state law, and to carefully review its own health care plan to make sure that the plan’s terms clearly reflect the coverage of abortion expenses that the employer may wish to offer. Such coverage can include lodging and travel expenses for an employee who, after the passage of a ban on abortion in his or her state of residence, must travel to another state to obtain an abortion. 

Panelists:

Stanley Baum, Esq.

The Law Firm of Stanley Baum

New York, NY

Anna Masilela, Esq.

Schotter Millican, LLP

Brooklyn, NY

1.0 MCLE Credit in Areas of Professional Practice

3:30 p.m. – 4:20 p.m.                   

Workshop B – Damages Calculations in Wage and Hour Cases – Iroquois Room

• minimum wage requirements under the NYLL;
• the calculation of the regular rate in different situations;
•  damage calculations and requirements under the different laws that apply to the four big industries in New York (i.e., hospitality, building services, domestic workers, and miscellaneous);
• pre- and post-judgment interest under the FLSA/NYLL;
• WTPA damages;
• liquidated damages under the FLSA/NYLL;

Speaker:

Gianfranco Cuadra, Esq.

Pechman Law Group PLLC

New York, NY

1.0 MCLE Credit in Areas of Professional Practice

5:45 p.m. – 8:00 p.m.                   

Charter Trolley – Main Lobby   

6:00 p.m. – 7:30 p.m. 

Cocktail Reception – The Fenimore Art Muesum – 5798 NY-80, Cooperstown, NY 13326

8:00 p.m. – 9:30 p.m. 

Dinner | The Otesaga resort | The Fenimore Room

Friday evening speaker:                

Richard C. Lewis

NYSBA President Elect

Agenda (Day 2)

Saturday, September 17

(3.0 MCLE credits)

7:30 a.m. – 9:00 a.m.                   

Continental Breakfast – Glimmerglass Room

8:00 a.m. – 8:55 a.m.

Committee Breakfast Meetings – Iroquois Room & Kingfisher Tower Room

9:00 a.m. – 9:10 a.m.                     

Welcome & Introduction

Section Welcome:

Robert L. Boreanaz, Esq.

Section Chair

Lipsitz Green Scime Cambria

Buffalo, NY

Abigail Levy, Esq.

CLE Committee Co-Chair

Deputy General Counsel and Executive Secretary

New York City Office of Collective Bargaining

New York, NY

9:10 a.m. – 10:25 a.m.                  

Plenary Three – Significant New Developments in New York Employment Law

2021 and 2022 were eventful years in Albany (and New York City) for proposed legislation dealing with employment law issues and new statutes that were passed and signed by the governor. Our panel of experts will discuss the most important pending and enacted laws that may or have changed the employment law landscape in New York in ways more sweeping that we have seen in many years. Among others, the new whistleblower law, Labor Law §740, New York City Human Rights Law Amendments regarding salary transparency and amendments to the Legal Activities Law brought about by the Marijuana Regulation & Taxation Act will be covered by the panel, which will review both the content of these laws and what impact they are likely to have.

Moderator:

Geoffrey Mort, Esq.

Kraus & Zuchlewski

New York, NY

Panelists:

Miriam Clark,Esq.

Ritz Clark & Ben-Asher

New York, NY

Lisa Lupion, Esq.

Orrick, Herrington & Sutcliffe

New York, NY

1.5 MCLE Credits in Areas of Professional Practice

10:25 a.m. – 10:40 a.m.             

Coffee Break - Ballroom

10:45 a.m. – 11:55 a.m.

Plenary Four: Reporting Professional Misconduct

Rule 8.3 of the Rules of Professional Conduct requires lawyers to report dishonest, untrustworthy, unfit members of the Bar to the ethics board. When is that snitching and when is that an obligation? Seasoned panelists will share their experience dealing with unethical adversaries and colleagues and the role Rule 8.3 took in their relationship with these individuals. 

Speaker:

Scott DeLuca, Esq.

University of Rochester

Rochester, NY

1.5 MCLE Credits in Ethics

12:00 p.m. – 2:00 p.m.          

Box Lunches

1:09 p.m. – 5:00 p.m.

Golf Tee Times – Leatherstocking Golf Course – 60 Lake Street, Cooperstown, NY 13326 |

Separate Registration Necessary

1:15 p.m. – 4:00 p.m.  

National Baseball Hall of Fame and Museum – 25 Main Street, Cooperstown, NY 13326

3:00 p.m. – 4:00 p.m.

Glimmerglass Queen Boat Tour – 10 Fair St, Cooperstown, NY 13326

6:30 p.m. – 7:30 p.m.                       

Reception | The Otesaga Resort | The West Veranda

Dinner on your own.

Agenda

Sunday, September 18, 2022 (Day 3)

8:30 a.m. – 10:00 a.m.                  

Executive Committee Meeting – Ballroom

• Equity for Surviving Spouses Act – Presentation
• Report of the Lifetime Achievement Committee will involve the presentation of a nominee recommended by the committee for consideration and approval by the Executive Committee.  Approval is needed at this meeting for announcement and presentation at the Annual Meeting.