Labor and Employment Law Section Fall Meeting 2023

Labor and Employment Law Section Fall 2023 Meeting

Agenda

Friday, October 20, 2023

(4.0 MCLE Credits)

11:00 a.m. Conference Check in and CLE Registration

12:00 p.m. Boxed Lunches

12:15 p.m. - 12:30 p.m. Program Welcome and Introductions - All Star Room

Speaker: Sheryl B. Galler, Esq. (Section Chair), Book Law LLP, New York, NY

12:30 p.m. - 1:45 p.m. Plenary One - Don't Sleep - Workplace DEI Initiatives Under "Anti-Woke" Attack - All Star Room

While the US Supreme Court's decisions this summer in the Students for Fair Admissions cases involving UNC and Harvard focus on the direct use of race in university admissions, they potentially impact Diversity, Equity, and Inclusion (DEI) employment initiatives. In addition, "anti-woke" measures are sprouting in many states with aims like prohibiting DEI offices within employers and banning employers from offering DEI-related training and other initiatives all together.

This program features panelists responsible for designing and implementing DEI employment initiatives in an interactive discussion exploring topics such as:

1. The legal framework of the Harvard and North Carolina cases
2. The continued viability of voluntary affirmative action programs addressing "manifest imbalances" in the workplace
3. Permissible DEI initiatives, including for sourcing and recruiting
4. Potential alterations in employment DEI approaches
5. Practical tips for attorneys when advising their clients on DEI matters

Program co-sponsored by the NYSBA Committee on Diversity, Equity, and Inclusion



Panelists:

Kori Carew, Esq., Founder and Chief Catalyst Officer, Bridge 68 LLC Consulting Firm, Naperville, Illinois

Teri Dennis-Davies, Esq., Chief People & Inclusion Officer, Maples Leaf Sports & Entertainment Partnership, Toronto, Ontario, Canada

Iyana Titus, Esq., Assistant Commissioner for Diversity, Equity, Inclusion & Belonging, New York City Parks & Recreation, New York, NY

1.5 MCLE Credits in Areas of Diversity, Equity, and Inclusion

1:45 p.m. - 2:00 p.m. Break

2:00 p.m. - 3:15 p.m. Plenary Two: Recent Updates in Private Sector Labor & Employment Law - All Star Room

This Panel will address major decisions by the NLRB that significantly alter the labor law legal landscape, as well as recent developments in employment law. On the labor front, major NLRB decisions have reshaped the landscape in virtually all areas. The panel will discuss major NLRB developments in the following areas: union organizing, demands for recognition and bargaining orders without an election; new proposed NLRB election rules; the status quo doctrine pending bargaining; protected activity and new standards for establishing discrimination for union related activity; confidentiality and non-disparagement provisions in settlement agreements; the new test for independent contractor status; and new rules for evaluating the lawfulness of employer handbooks and policies. In the employment area, the Panel will discuss new laws passed in New York protecting employees from wage theft and prohibiting mandatory captive audience meetings during a union organizing campaign, among other recent changes. Not since the early days of the Pandemic has so much been happening so fast - don't miss this rapid fire discussion of the latest in these key areas.

Panelists:

Karen P. Fernbach, Esq., Visiting Assistant Professor, Hofstra Law School, Hempstead, NY

Peter Jones, Esq., Member, Bond Schoeneck & King PLLC, Syracuse, NY

Kimberly A. Lehmann, Esq., Partner, Levy Ratner PC, New York, NY

Linda M. Leslie, Esq., Regional Director, National Labor Relations Board, Region 3, Buffalo, NY

1.5 MCLE Credits in Areas of Professional Practice

3:15 p.m. - 3:30 p.m. Break

Concurrent Workshops

3:30 p.m. - 4:20 p.m. Workshop A - Cannabis in the Workplace, NY and Canada - A Joint Session - All Star Room

It has been more than two years since the Marijuana Regulation Taxation Act became law in New York, but for employers and employees alike, what can, and should, be done is still hazy. Canada legalized marijuana for recreational use in 2018. How has it addressed the questions that New York workplaces are still just beginning to confront? What, if anything, can New York learn from the Canadian experience? This program will go into the weeds of the differences, and the similarities, in the two jurisdictions' laws and their approach to the difficult workplace problems presented by marijuana legalization.

Panelists:

Krista Burton, Esq., Attorney, Book Law LLP, Campbellsville, KY

James Jennings, Esq., Associate, Filion Wakely Thorup Angeletti LLP, Toronto, ON

Adam S. Ross, Esq., Lamb & Barnosky, LLP, Melville, NY

Geoffrey Mort, Esq., Of Counsel, Kraus & Zuchlewski LLP

1.0 MCLE Credit in Areas of Professional Practice

3:30 p.m. - 4:20 p.m. Workshop B - Ontario, New York and the FTC: Comparing Recent Legislation and Proposals on Post-employment Non-compete Agreements - Defensive Zone

A discussion of recent efforts to curtail or prohibit post-employment non-compete agreements, including proposals by the Federal Trade Commission, the New York State legislature, and - for a comparative perspective - in our host province, Ontario.

Panelists:

Mitchell Smith, Esq., Partner, Borden Ladner Gervasis LLP, Toronto, ON

Robert S. Whitman, Esq., Partner, Seyfarth Shaw LLP, New York, NY

Kerry C. Zaroogian, Esq., Counsel, Outten & Golden, New York, NY

1.0 MCLE Credit in Areas of Professional Practice

Conclusion of Friday Programming

6:00 p.m. - 7:00 p.m. Reception - The MVP Zone - Le Germain

*Passed Hors D'oeuvres and Refreshments

Keynote Speaker:

Brian W. Burkett, Esq., Counsel, Fasken Martineau DuMoulin LLP, Toronto, Ontario

7:00 p.m. - 8:30 p.m. Dinner - All Star Room - Le Germain

Saturday, October 21, 2023 | Day 2 Agenda

(3.0 MCLE Credits)

7:30 a.m. - 9:00 a.m. Quebec Breakfast Buffet - All Star Room

8:00 a.m. - 8:55 a.m. Committee Breakfast Meetings

9:00 a.m. - 9:10 a.m. Welcome and Introductions

9:10 a.m. - 10:25 am. Plenary Three: Artificial Intelligence in the Workplace: The World of Employment Will Never Be The Same - All Star Room

The advent of Artificial Intelligence (AI) has already changed the workplace in ways that few could have imagined even a few years ago. According to a 2022 survey, nearly 80% of employers use AI or some form of automation for recruitment, interviewing and hiring decisions - and that number will only increase as AI becomes more sophisticated. Employers are also using AI to evaluate employees' performance. While some believe AI can curtail unconscious human biases in employment decisions, studies have shown that it can perpetuate its own biases. Beyond that, a recent Goldman Sachs report predicts that the new iteration of AI "generative AI" like CHAT GPT - will expose two-thirds of current jobs to some automation (including lawyers) and replace up to one-fourth of workers. Our panel will explore the ramifications of AI for employment law in the years to come, including the most recent legislation in New York.

Panelists:

Jonathan Ben-Asher, Esq., Partner, Ritz Clark & Ben-Asher LLP, New York, NY

Angelina T. Evans, Esq., Partner, Seyfarth Shaw LLP, Los Angeles, CA

Keith E. Sonderling, Esq., Commissioner, United States Equal Employment Opportunity Commission (EEOC), Washington, DC

George Washington, Esq., Head of Litigation for the Americas, Orange Business Services, Arlington, VA

1.5 MCLE Credits in Cybersecurity General

10:25 a.m. - 10:45 a.m. Break

10:45 a.m. - 12:00 p.m. Plenary Four - The Ethics of Chat GPT and Related AI in Law Practice Management

With the use of artificial intelligence such as ChatGPT on the rise, lawyers need to know the practical issues and limitations, as well as the potential ethical and security-related pitfalls and obligations, with respect to using this and other similar technology (e.g., predictive and generative AI). These issues and more will be explored through the lens of the best practice "do's and dont's" of using this technology in one's day-to-day law practice. This panel will also address how these issues are currently being handled by Canadian lawyers.

Panelists:

Hon. Tanya R. Kennedy, Appellate Division, First Department, Supreme Court of the State of New York, New York, NY

Mark A. Berman, Esq., Member, Bond Schoneck & King PLLC, New York, NY

Dr. Shokouh H. Abadi, Esq., Founder, KIMEG Law, Toronto, ON

Alyssa L. Zuckerman, Esq., Partner, Lamb & Barnosky LLP, New York, NY

1.5 MCLE Credits in Cybersecurity, Privacy and Data Protection - Ethics

Conclusion of Saturday Programming

12:00 p.m. Lunch on Attendees' Own

1:00 p.m. - 4:00 p.m. Guided Tours - More Information to Come!

5:00 p.m. - 6:00 p.m. Reception - On-site at the Le Germain

Dinner on Attendees' Own

Sunday, October 22, 2023

7:30 a.m. - 9:00 a.m. Quebec Breakfast Buffet

8:30 a.m. - 10:00 a.m. Executive Committee Meeting - Defensive Zone