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NYSBA- Labor & Employment- Fall 2024

Registration now open!

Labor and Employment Section Fall Meeting 2024

Friday, September 27 – Sunday, September 29, 2024

The Sagamore Resort
110 Sagamore Road
Bolton Landing, NY 12184

7.0 MCLE Credits
5.5 MCLE Credits in Areas of Professional Practice; 1.5 MCLE Credits in Ethics and Professionalism

Registration includes:

  • Friday boxed Lunch
  • Friday evening welcome reception and dinner at The Sagamore
  • Saturday and Sunday morning hot breakfast
  • Saturday evening reception at The Sagamore Resort
  • CLE programming Friday & Saturday and coffee breaks

Optional activities for an additional fee (registration required):

  • $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.)

Pricing:

  • $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

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].

Friday, September 27, 2024 (Day 1)

12:15 p.m. – 4:20 p.m.

4.0 MCLE Credits

11:00 a.m.

Registration and CLE Program Check-In – Dollar Island Foyer

12:00 p.m.

Boxed Lunch

12:15 p.m. – 12:30 p.m.

Welcome & Introduction – Dollar Island W + E

Opening Remarks: Loren Gesinsky, Esq., Section Chair

12:30 p.m. – 1:45 p.m.

Section 7 Rights – What Do They Apply To, To Whom Do They Apply, When Do They Apply, and Where Do The Lines Begin?

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.

Speaker

Linda M. Leslie, Esq. | Regional Director of Region 3 National Labor Relations Board (NLRB), Buffalo, NY

Sarah E. Ruhlen, Esq. | Partner Satter Ruhlen Law Firm, PLLC Syracuse, NY

Howard M. Wexler, Esq. | Partner Seyfarth Shaw LLP New York, NY

Moderator

Andrew Scott | Legal Fellow, NYSUT Office of General Counsel, New York, NY

1.5 MCLE Credits in Areas of Professional Practice

1:45 p.m. – 2:00 p.m.

Break

2:00 p.m. – 3:15 p.m.

“Can We Talk” … The Latest on Rule 4.2 and 4.3 of the NY Rules of Professional Responsibility

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.

Speaker

Cara Greene, Esq. | Partner Outten & Golden LLP New York, NY

R. Scott DeLuca, Esq. | Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart PC, Buffalo, NY

Kaylin L. Whittingham, Esq. | Principal, Whittingham Law, New York, NY

1.5 MCLE Credits in Ethics and Professionalism

3:15 p.m. – 3:30 p.m.

Coffee Break
CONCURRENT WORKSHOPS

3:30 p.m. – 4:20 p.m.

Workshop A – Untangling Employee Leave Laws

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.

Speaker

Miriam F. Clark, Esq. | Partner Ritz Clark & Ben-Asher LLP New York, NY

Marlin Duro-Martinez, Esq. | Associate Seyfarth Shaw LLP New York, NY

Bridget Holohan Scally, Esq. | Deputy Counsel to the New York State Department of Labor Albany, NY

Moderator

Joan C. Lenihan, Esq. | Joan C. Lenihan, Attorney at Law New York, NY

1.0 MCLE Credit in Areas of Professional Practice

3:30 p.m. – 4:20 p.m.

Workshop B - Public Sector Employees’ Individual Rights: Engaging in Free Speech, Association, Off-Duty Conduct, Political Activities, Social Media Use, and the Like

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.

Speaker

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

1.0 MCLE Credit in Areas of Professional Practice

3:30 p.m. – 4:20 p.m.

Workshop C – Cutting Edge Issues in Employment Arbitration

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.

Speaker

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

1.0 MCLE Credit in Areas of Professional Practice

6:00 p.m.

Reception – Dollar Island Terrace

7:00 p.m. – 8:30 p.m.

Dinner – Dollar Island Terrace

Saturday, September 28, 2024 (Day 2)

9:00 a.m. – 12:00 p.m.

3.0 MCLE credits

7:30 a.m. – 9:00 a.m.

Continental Breakfast – Dollar Island W + E

8:00 a.m. – 8:55 a.m.

Committee Breakfast Meetings

9:00 a.m. – 9:10 a.m.

Welcome and Introduction

9:10 a.m. – 10:25 a.m.

NY Labor Law 740

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.

Speaker

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

1.5 MCLE Credits in Areas of Professional Practice

10:25 a.m. – 10:40 a.m.

Coffee Break

10:45 a.m. – 12:00 p.m.

Restrictive Covenants Today: Are Non-Competes on the Way Out?

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 non­compete 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 chances of passage, and look at the landscape of these provisions long criticized for suppressing competition and unfairly restricting employee mobility.

Speaker

Prof. 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

1.5 MCLE Credits in Areas of Professional Practice
Conclusion of Saturday Programming

1:00 p.m. – 4:00 p.m.

On-Site Activities

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

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

5:30 p.m. – 6:30 p.m.

Reception

Sunday, September 29, 2024 (Day 3)

8:30 a.m. – 10:00 a.m.

7:30 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

Conclusion of Meeting

Seyfarth

Friday Reception Sponsor

Feliu Neutral Services

General Meeting Sponsor

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Coughlin Gerhart LLP

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The New York Bar Foundation

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Ritz Clark & Ben-Asher LLP logo

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General Meeting Sponsor

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Saturday Wi-Fi Sponsor

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Friday Wi-Fi Sponsor

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Coffee Break Sponsor

Sponsorship opportunities are available! Please contact [email protected] for more details.

See the sponsorship form below for more details.