The Labor and Employment Law Section has decided to extend the deadline for the Samuel M. Kaynard Memorial Student Services Award to Friday, December 13th.

WHO WE ARE

The Labor and Employment Law Section brings together members from across the spectrum of labor and employment law, including representatives of labor organizations, management and individuals; neutrals; academics; and government representatives. We invite everyone with an interest in workplace improvement and development to join our Section, benefit from our experience and expertise, and enjoy our camaraderie. Section membership is open to all regular, associate and law student members of the New York State Bar Association.

Labor and Employment Law Section Mission Statement
To examine the possibilities of improvement and reform in labor and employment law through legislation; to disseminate information and exchange ideas relating to the development and practice of labor and employment law, both substantive and procedural; and to further the education of the Bar and the public in labor and employment law.

MEMBER BENEFITS 

Members of the Labor & Employment Law Section have exclusive access to the following benefits:

  • Continuing Legal courses/content – learn from NYS legal leaders – Free and exclusive to members only 
  • Up-to-date information on recent impactful legal developments. Check our blog and follow us on LinkedIn
  • Networking opportunities
  • Opportunities to write and/or present as a subject matter expert
  • Opportunity to participate in any of the Section’s standing Committees.

SECTION CONTENT – For Members Only

  • Access to online case research through Loislaw, a searchable directory of members,
  • The Section’s newsletter, Labor and Employment Law Journal,
  • Materials and presentations from recent CLE programs.

The Labor and Employment Law Section has been in the forefront of introducing, monitoring and evaluating legal developments at both federal and New York State levels. Section members include neutrals, management, and labor and employee attorneys. (Labor and Employment Law Section – New York State Bar Association (nysba.org))

CONTACT US

To learn more about this Section, please contact Emily Kurtzner
[email protected]
(518) 487-5582

Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.

Loren Gesinsky

Loren Gesinsky, Esq.

Partner
Seyfarth Shaw LLP
New York, NY

Loren represents employers before state and federal courts, administrative agencies, arbitrators, mediators, and other tribunals regarding all legal issues relating to the workplace, including wage and hour collective and class actions, discrimination, harassment, wrongful discharge, breach of contract, noncompete, and other restrictive covenants and trade secrets. He also counsels employers, negotiates agreements, and conducts investigations regarding these issues, with particular attention on strategies to avoid litigation. Additionally, he participated actively in the United States Chamber of Commerce task force that developed comments on the United States Department of Labor’s proposed regulatory changes to the FLSA’s white-collar exemptions.

Loren has more than 25 years of experience working as a labor and employment attorney. He developed an especially broad foundation for his representation of employers by previously practicing plaintiff’s employment law and commercial litigation. Loren has successfully tried, arbitrated, mediated, and otherwise advocated in numerous matters involving multiple and single plaintiffs. His advocacy abilities in the courtroom, as well as his negotiating and public speaking abilities, have been enriched by his considerable training and experience as an actor.

Recognition of Loren’s professional accomplishments includes his election as a Fellow of the College of Labor and Employment Attorneys, listing in Best Lawyers in America (Woodward/White Inc.) (2010–2024) and Super Lawyers (Thomson Reuters) (2007–2011, 2014–2019), appointments to Chair the Committee on Legal Issues Affecting People With Disabilities and the State Affairs Committee of the New York City Bar Association, and selection for mayoral appointment to the New York City Commission on Human Rights. He is a frequent author and presenter on employment law issues.

Online Community

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Labor Employment Law Journal 2024 Vol 48 No 1

Section Publications

Labor and Employment Law Journal - Vol. 48 No. 1

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Labor and Employment Law Journal Archive

Labor and Employment Law Journal

The Labor and Employment Law Journal features peer-written substantive articles relating to the practice of labor and employment law on various topics including ERISA, ADR, discrimination, social media and workplace issues. Also included are regular columns on labor matters and ethics, and updates on Section activities. The Labor and Employment Law Journal is published by the Labor and Employment Law Section and distributed to Section Members free of charge.

The Labor and Employment Law Journal is published as a benefit for members of the Labor and Employment Law Section and is copyrighted by the New York State Bar Association.

The Labor and Employment Law Journal encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise and have written articles in such areas as ERISA, ADR, discrimination, and workplace issues.

Submit an article for future publication

Author Guidelines

NYSBA has created comprehensive author guidelines, with information regarding our reprint policy, style guidelines, and obtaining MCLE Author Credits.

View the author guidelines

Bylaws of the Labor and Employment Law Section

Approved on November 14, 2022 and amended on September 18, 2022

View the Bylaws

In Accordance to Article IV, Section 1 of the By-Laws, here is the nominating report for the June 1, 2024 to May 21, 2025 term. The nominations have been voted on and approved at the Business portion of the Labor and Employment Section’s Annual Meeting on January 18, 2024, immediately before the Labor and Employment Law Section’s Annual Meeting CLE Program.

Meeting Papers and Materials

Americans with Disabilities Act Amendments Act
The Americans with Disabilities Act Amendments Act (ADAAA) – By Simeon Goldman, Esq., September 2011 (pdf)

Collective Bargaining— Public Sector
Government Consolidations and the Taylor Law: Cooperate, Litigate, or Legislate? – By Matthew Bergeron, Esq., January 2013 (pdf)
Government Mergers and Consolidations – By Terry O’Neil, Esq., January 2013 (pdf)

Disability Law
Disability Rights Law for Labor & Employment Attorneys in New York – By Mark Leeds, Esq., July 2017 
Learning When and How to Accommodate Learning Disabilities in the Workplace – By Loren Gesinsky, Esq., September 2012 (pdf)

Ethics
Emergency Ethics: To Disclose or Not to Disclose, That Is the Question – By Laura Harshbarger, Esq., September 2012 (pdf)
The Beginning and the End — Scope and Termination [of Representation] – By Daniel Wirtz, Esq., September 2011 (pdf)
Ethical Issues in Terminating a Client — Lawyer Relationship – By John Gaal, Esq., Cara Greene, Esq., and Laura Harshbarger, Esq., January 2011 (pdf)
Contingency Retainers and Multiple Parties: Problems and Pitfalls – By Mariann Meier Wang, Esq., September 2011 (pdf)”(Includes Sample Retainer Documents)

Genetic Discrimination
A Primer on Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) and Its Implementing Regulations – By Heather Giambra, Esq., September 2011 (pdf)

Joint Employment and Co-Employment
Who’s the Boss? Co-, Joint and Other Complicated Private and Public Sector Employment Relationships – By Rachel Bien, Esq. and Rich Zuckerman, Esq., September 2012 (pdf)

Immigration
Immigration Basics for Expats and Secondees – By Marcela Bermudez, Esq., January 2013 (pdf)

International
Structuring Expatriate Postings – By Renata Neeser, Esq., January 2013 (pdf)

National Labor Relations Act
Recent Acting General Counsel Initiatives and Current Issues Before the NLRB – By Karen Fernbach, Esq., and James Paulsen, Esq., September 2012 (pdf)
Specialty Healthcare: The NLRB’s Answer to Organized Labor’s Struggle for New Members – By Peter Conrad, Esq., September 2012 (pdf)
The NLRB and Social Media: BFF? – By Barnett Horowitz, September 2012 (pdf)

NY Court of Appeals
Summary of 2014 Labor and Employment Law Decisions from the Court of Appeals, by Philip Maier, Esq.
Summary of 2013 Labor and Employment Decisions from the Court of Appeals, by Philip Maier, Esq., and Kasey Baker, Esq.

Public Sector — Speech and Discipline Issues
The Fall Out from Garcetti: How Has the Decision Affected Public Employee Discipline? – By Beth Bourassa, Esq., September 2012 (pdf)
Taylor Law Speech Issues – By John Crotty, Esq., September 2012 (pdf)

Trade Secrets, Non-Compete Provisions, and Employee Duty of Loyalty
Theft of a Trade Secret Is Now a Federal Crime – By Ethan Brecher, Esq., May 2007 (pdf)
Representing the Departing Employee and Recent Decisions of Interest – By Arnold Pedowitz, Esq., September 2012 (pdf)
Restrictive Covenants: Limits and Enforcement – By Sheryl Galler, Esq., March 2013 (pdf)

Wage and Hour
Recent Developments Impacting New York Wage and Hour Practitioners – By Wendy Butler, Esq., January 2013 (pdf)

Whistleblowing
Whistleblower Protection – By Beth Bourassa, Esq., September 2012 (pdf)
Whistleblower Claims Under the Dodd-Frank Wall Street Reform and Consumer Protection Act: The New Landscape – By Jill Rosenberg, Esq. and Renee Phillips, Esq., September 2011 (pdf)

Labor & Employment Law Section Committee

Awards

Lifetime Achievement Award
Dr. Emanuel Stein and Kenneth Stein Memorial Law Student Writing Competition

To recognize excellence among law school students writing in the area of labor and employment law; and to cultivate the relationship between the Section and future labor and employment practitioners.

Samuel M. Kaynard Memorial Student Service Awards

The purpose of the awards is to enable New York State Law Schools to recognize excellence among their law students in the area of labor and employment law and to cultivate the relationship between the Labor and Employment Law Section and future labor and employment practitioners.

Diversity Fellowship Program

NYSBA LABOR AND EMPLOYMENT LAW SECTION:  DIVERSITY FELLOWSHIP 2022 – 2024

APPLICATION DEADLINE: NOVEMBER 30, 2021

Purpose:  The Labor and Employment Section’s (Section) Diversity Fellowship seeks to attract emerging leaders and increase the diversity – including, but not limited to, racial, ethnic, sexual orientation, gender identity, disability, cultural and practice area – of its membership.  The Fellowship’s financial support is intended to encourage the Fellow’s attendance at meetings and further participation in the Section.   A Fellowship grant may include payment of NYSBA and Labor and Employment Law Section dues for two years, Labor and Employment Law Section Fall CLE Meeting and Annual CLE Meeting registration fees, lodging and travel expenses for attendance at Section Meetings (provided the Fellow’s employer does not have ethics regulations prohibiting such reimbursements.)

Qualification criteria:  Attorney who practices Labor and/or Employment law who has demonstrated a commitment to leadership within the bar.

Recommendations:  To ensure that the Fellows are interested in making a meaningful contribution the Section, each candidate must submit one (1) recommendation from an employer, professor, or any other professional reference.

Essay:   An application for a Fellowship must include an essay up to 500 words describing the applicant’s interest in the Labor and Employment Law Section and how the Section may benefit from the applicant’s participation in the Section.

Memberships:  Please tell us about your involvement with bar associations, professional organizations, and whether you have received any recognition’s or awards.

Resume:  Please provide a current resume or CV.

Mentoring:  Each fellow will be paired with a member of the Executive Committee (EC) who will be in attendance at the Fall and Winter meetings.  The EC member will contact the fellow, at a minimum, once per quarter to discuss leadership opportunities within the Section (e.g., speaking opportunities at meetings; writing for the Journal; participating on the EC committee, etc.), the leadership structure of the Section and NYSBA, and any other issues that are important for encouraging the fellow’s future (and increased) participation in the Section.

Lawyers should address Applications or Fellowship inquiries to Labor & Employment Law Section Liaison, Cathy Teeter.

Mentorship Program

The New York State Bar Association’s Labor & Employment Law Section (“L&E”) has a long history of mentoring lawyers new to the profession.  In an effort to institutionalize and expand these efforts, L&E has established a Section-wide mentoring program for junior attorneys interested in a career in the field of labor and employment law by introducing them to the Section and by increasing their exposure to seasoned labor and employment lawyers in the L&E Section.

The focus of the L&E Section’s mentoring program is to nurture lawyers new to the profession by matching junior lawyers with seasoned L&E practitioners who are also leaders in the Section.  Mentors have agreed to commit their time and energies to coach and counsel mentees on Section membership and the practice of law in our area.  Among the goals of the program are:

  • To introduce the new lawyers to the leaders of New York’s labor and employment law bar;
  • To help promote collegiality among and between labor and employment law practitioners in New York and to help bridge the generational divide;
  • To help introduce and integrate new lawyers more easily into our Section and its activities ;
  • To foster and develop the mentee’s practical skills and professional judgment;
  • To help promote diversity in the Section; and
  • To continue and promote the highest ideals of our Section and of the labor and employment law bar in New York.

Mentoring Program Guidelines (pdf)

Mentoring Program Full Brochure (pdf)

Mentor Application (pdf)

Mentee Application (pdf)

Current Mentors and Mentees please fill out this survey and return it to Cathy Teeter.

 

Labor & Employment N.Y. (“LENY”)

View Blog

The Labor & Employment N.Y. (“LENY”) blog is a law blog sponsored by the New York State Bar Association’s Labor and Employment Law Section. Among other primary objectives, the Section’s mission statement requires the Section “to disseminate information and exchange ideas relating to the development and practice of labor and employment law, both substantive and procedural,” as well as “to further the education of the Bar and the public in labor and employment law.”

Consistent with the Section’s stated purposes, this blog seeks to provide timely notice of significant events and developments affecting practitioners of labor and employment law in New York. Blog posts are intended to cover a wide range of topics from new legislation to court decisions to agency interpretations. Topics are selected by contributing authors based on personal choice for the purpose of sharing knowledge about, exploring, and illustrating interrelated (and in some cases interdisciplinary) aspects of current news, events, and the latest thinking in public policy, law and/or regulation.

Links provided from this NYSBA entity site are intended to be functional and accurate at the time of posting. We do not update or otherwise maintain links. Authors strive for accuracy and directness when including links and make reasonable efforts to post directly to the relevant material cited.

The posts individually, any part of or all together, do not represent expertise or legal advice of any kind. Opinions expressed and statements made by the contributing authors are those of the authors alone and do not reflect the opinions of the NYSBA, its sections, committees, or any employee or other member thereof. The NYSBA and all other entities mentioned above are not responsible for the accuracy of any information supplied by the authors, and the Labor and Employment Law Section retains the absolute right to edit or remove any blog entries that are deemed to be inappropriate.

The LENY bloggers are:
Vivian Berger;
Ira Cure;
Matthew Lampe;
Ruth Raisfeld;
David Reilly;
Michael Schmidt.

Resource Guides

The Layperson’s Guide: Explaining Employment Laws

The Layperson’s Guide: Interview Questions

The Layperson’s Guide: Recordkeeping Requirements 

 

General Resources

GENERAL EMPLOYMENT LAW

Federal Material

State Material

International Material

Other References

  • Good Starting Point in Print: Mark A. Rothstein et al., Rothstein, Craver, Schroeder, Shoben, and Vander Velde’s Hornbook on Employment Law, West Group (1994)

COLLECTIVE BARGAINING

Federal Material

State Material

International Material

Other References

EMPLOYMENT DISCRIMINATION

Federal Material

State Material

Other References

  • Good Starting Point in Print: Mark Player, Employment Discrimination Law, West Group (1988)

UNEMPLOYMENT COMPENSATION

Federal Material

State Material

Other References

PENSIONS

Federal Material

State Material

Other References

WORKPLACE SAFETY

Federal Material

State Material

Other References

WORKER’S COMPENSATION

Federal Material

State Material

Other References

GENERAL LABOR LAW

Federal Material

State Material

International Material

Other References

  • Good Starting Point in Print: Mark A. Rothstein et al., Rothstein, Craver, Schroeder, Shoben, and Vander Velde’s Hornbook on Employment Law, West Group (1991).
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