Event Overview
Friday, January 21, 2022
8:45 a.m. – 12:20 p.m.
3.0 MCLE Credits
3.0 Areas of Professional Practice
Friday, January 28, 2022
9:00 a.m. – 12:40 p.m.
4.0 MCLE Credits
1.0 Ethics and Professionalism, 3.0 Areas of Professional Practice
Labor and Employment Law Section Chair:
Timothy S. Taylor, Esq., Arbitrator & Mediator, Pittsfield, MA
CLE Program Co-Chairs:
Karen Fernbach, Esq., Hofstra Law School, Hempstead, NY
Abigail Levy, Esq., NYC Office of Collective Bargaining, New York, NY
Angel S. Cox, Esq., NYC Department of Education, New York, NY
Nolan J. Lafler, Esq., Blitman & King LLP, Rochester, NY
Friday, January 21, 2022
8:45 a.m. – 12:20 p.m.
3.0 MCLE Credits
3.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys including those
newly admitted.
Labor and Employment Law Section Chair:
Timothy S. Taylor, Esq., Arbitrator & Mediator, Pittsfield, MA
CLE Program Co-Chairs:
Karen Fernbach, Esq., Hofstra Law School, Hempstead, NY
Abigail Levy, Esq., NYC Office of Collective Bargaining, New York, NY
Angel S. Cox, Esq., NYC Department of Education, New York, NY
Nolan J. Lafler, Esq., Blitman & King LLP, Rochester, NY
8:45 a.m. – 9:05 a.m.
Section Business Meeting, Awards Presentations, Welcome and Introduction
Speaker:
Timothy S. Taylor, Section Chair Arbitrator & Mediator Pittsfield, MA9:05 a.m. – 10:20 a.m.
NLRB Update
Panelists:
Jennifer A. Abruzzo, Esq. General Counsel National Labor Relations Board Washington, D.C. Susan Davis, Esq. (Union) Cohen, Weiss and Simon LLP New York, NY James W. Bucking, Esq. (Management) Foley Hoag LLP Boston, MAModerator
Karen Fernbach, Esq. Hofstra Law School Hempstead, NY 1.5 Credits in Areas of Professional Practice10:20 a.m. –10:25 a.m.
Break
10:25 a.m. –11:45 a.m.
Trends and Insight into Novel Cases and Practices
- Employment Discrimination: Liability-Standards- Damages
- New York City Fast Food Industry: Chipotle- NYC Department of Consumer Affairs
- NYC Ballet: Principal Dancer
- Wage and Hour Cases: Fair Work Week Law
- Covid Vaccine Mandates: Scheinman Decision
- Major League Baseball: Covid Interruptions and Meaning of “Service”
- NYC Police Interest Arbitration
Speaker:
Martin F. Scheinman, Esq. Scheinman Arbitration and Mediation Services Port Washington, NY 1.5 Credits in Areas of Professional Practice11:45 a.m. – 11:50 a.m.
Break
11:50 a.m. – 12:20 p.m.
Round Table Discussion with NLRB Members
Informal opportunity to pose your questions via the Q & A zoom portal to new Board members.
Panelists:
Gwynne A. Wilcox, Esq. Member National Labor Relations Board Washington, D.C. David M. Prouty, Esq. Member National Labor Relations Board Washington, D.C. Informational session – No CLEFriday, January 28, 2022
9:00 a.m. – 12:40 p.m.
4.0 MCLE Credits
1.0 Ethics and Professionalism, 3.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys including those
newly admitted.
Labor and Employment Law Section Chair:
Timothy S. Taylor, Esq., Arbitrator & Mediator, Pittsfield, MA
CLE Program Co-Chairs:
Karen Fernbach, Esq., Hofstra Law School, Hempstead, NY
Abigail Levy, Esq., NYC Office of Collective Bargaining, New York, NY
Angel S. Cox, Esq., NYC Department of Education, New York, NY
Nolan J. Lafler, Esq., Blitman & King LLP, Rochester, NY
9:00 a.m. – 10:15 a.m.
Current Trends in Union Organizing: Are We in the Midst of a Big or Small Wave of Increased Union Organizing and Strikes?
Panelists:
Professor Richard Hurd Industrial Labor Relations School Cornell University Ithaca, NY Johnnie Kallas, Coordinator Strike Tracker Industrial Labor Relations School Cornell University Ithaca, NY Ian Hayes, Esq. Creighton, Johnsen & Giroux Buffalo, NYPanel Chair:
Professor Harry C. Katz, Director Scheinman Institute on Conflict Resolution Industrial Labor Relations School Cornell University Ithaca, NY 1.5 Credits in Areas of Professional Practice10:15 a.m. – 10:25 a.m.
Break
10:25 a.m. – 11:15 a.m.
Ethics for Attorneys who Perform Multiple Roles
Panelists:
Colin M. Leonard Bond Schoeneck & King Syracuse, NY Jose Manjarrez UPSEU Albany, NY 1.0 Credit in Ethics11:15 a.m. – 11:25 a.m.
Break
11:25 a.m. – 12:40 p.m.
Current Dilemmas in Workplace Investigations
Now that sexual harassment training by employers has been mandated, workplace investigations are proliferating and are a more important issue than ever for both management and employee-side attorneys. The panel will discuss and offer insights into the questions that continue to vex employers in this area, such as who is best suited to conduct an investigation and, once it is underway, what are the best practices for carrying it out? On the other side, what should employees who make complaints do to ensure that the ensuing investigation is effective and objective?
Panelists:
Sharon Cohen, Esq. Davis & Gilbert LLP New York, NY Ritu Pancholy, Esq. Founder Culturupt South Orange, NJ Pearl Zuchlewski, Esq. Kraus & Zuchlewski LLP New York, NYModerator:
Stephen P. Sonnenberg, Esq. Mediator & Arbitrator JAMS New York, NY 1.5 Credits in Areas of Professional PracticeVirtual Programming Pricing
Virtual Meeting General Registration Fee
$25
Required to attend any virtual CLE programs
+plus…
EARLY BIRD REGISTRATION (Before 12/31/21)
$140: Section Member | $170: NYSBA Member | $290: Non-NYSBA Member
REGULAR REGISTRATION (1/1/22 and after)
$190: Section Member | $230: NYSBA Member | $390: Non-NYSBA Member
Please note: The pricing provided reflects the total cost for attending the entire Annual Meeting program provided by the Section. During the registration process, you will be able to add each day/part of the program separately at a portion of the total rate, so your final cost will be reduced if you do not register for the full program.
Jennifer Abruzzo, Esq.
General Counsel National Labor Relations Board
Washington, D.C.
On July 22, 2021, Jennifer A. Abruzzo began serving as General Counsel for the National Labor Relations Board. Ms. Abruzzo had previously worked for the NLRB for over two decades, including as Field Attorney, Supervisory Field Attorney, Deputy Regional Attorney, Deputy Assistant General Counsel, Deputy General Counsel, and Acting General Counsel. Immediately prior to her appointment as General Counsel, Ms. Abruzzo served as Special Counsel for Strategic Initiatives for the Communications Workers of America.
James W. Bucking, Esq.
Foley Hoag, LLP.
Boston, MA
Jim Bucking is a partner at Foley Hoag, where he represents corporations and other
employers in union disputes, complex employment litigation and other labor and
employment matters.
Jim has extensive experience representing management at the bargaining table in union negotiations and litigating labor disputes in court, before arbitrators and at the National Labor Relations Board. Management clients have sought Jim’s representation in negotiations involving the Teamsters, UFCW, electrical workers, steelworkers, utility workers, broadcast employees, service employees, textile workers, building trades, security, police and firefighters. He also advises clients on day-to-day personnel matters, drafts employment agreements and policies, and assists with sexual harassment and discrimination investigations.
Jim has worked extensively on behalf of such major corporations as Anheuser-Busch, PG&E National Energy Group, CVS Health, Starbucks, Mariner Health Care, Owens & Minor, MasterCard, Dominion Energy, Clear Channel Outdoor, Cogentrix Energy, Guardian Life Insurance Company, H&M, Genzyme, Natixis, Steward Health, Covanta, Cubist Pharmaceuticals, Ameriprise, PolyOne Corporation, Verizon and Cornell Dubilier Electronics, Inc.
Susan Davis, Esq.
Partner, Cohen, Weiss and Simon LLP
New York, NY
Susan Davis has been a partner in the firm since 1992 and currently serves as Chair of the Management Committee. Ms. Davis serves as general or chief outside counsel to unions in the entertainment, health care and public sector arena, and represents unions in a wide variety of other industries including sports, manufacturing, transportation and communications.
Prior to joining Cohen, Weiss and Simon LLP, Ms. Davis was a clerk for the Honorable Constance Baker Motley in the U.S. District Court for the Southern District of New York.
Ms. Davis is a fellow of the College of Labor and Employment Lawyers, a member and former co-chair of the American Bar Association’s Section on Labor and Employment Law Committee on Practice and Procedure under the National Labor Relations Act, and a former member of the Council of the American Arbitration Association. She serves on the AFL-CIO Lawyers Advisory Panel, the Board of Directors of the AFL-CIO Union Lawyers Alliance, and is an Advisory Board Member of the Cornell University ILR School. Ms. Davis has been named repeatedly as a Super Lawyer for Employment and Labor Law, one of the Top Women Attorneys in the Metropolitan New York, and a New York Metro Super Lawyer. Ms. Davis was a 2013 Peggy Browning Fund Honoree.
Ms. Davis has written for and lectured extensively at bar association, attorney and union meetings on a wide variety of issues facing unions and their members.
Ms. Davis graduated with honors from the University of California at Berkeley in 1976. She received a law degree with high honors from Rutgers University in 1981, winning the West Publishing Company’s annual jurisprudence award and leading the Rutgers moot court team to the American Bar Association’s national moot court finals.
Ian Hayes, Esq.
Creighton, Johnsen & Giroux
Buffalo, NY
Ian Hayes is a partner at Creighton, Johnsen & Giroux in Buffalo. Ian works with unions, funds, apprenticeship programs, and individual employees to enforce their rights and protect their interests under the law. He has extensive experience representing unions in all aspects of worker representation, new organizing, and other issues. Ian represents workers in wage theft and other wage and hour-related suits. He also represents individual employees in employment discrimination and harassment-relate suits.
Ian is a graduate of Fordham University, where he received Bachelor degrees in Philosophy and Sociology, and St. John’s University School of Law, where he concentrated on labor and employment law and published on those subjects. Before entering law school, he was a union organizer, working with groups of employees to establish new bargaining units and first labor contracts in New York City and around the country.
Ian is licensed to practice law in New York, New Jersey, and the U.S. District Court, Western District of New York. He is a member of the Union Lawyers Alliance of the AFL-CIO. He currently serves as Treasurer and Executive Board Member with the Coalition for Economic Justice and works with various other community groups to redistribute power and wealth to working people.
Professor Richard Wayne Hurd
New York State School of Industrial and Labor Relations, Cornell University
Ithaca, NY
Richard W. Hurd is Professor of Labor Studies (retired) and Associate Director of the Cornell Center for Innovative Hospitality Labor and Employment Relations. A leading specialist on trade union administration and strategy, on union representation in the hospitality sector, and on the unionization of professional workers, he has been quoted widely in the national and international print and broadcast media on various labor issues. He is co-editor of the International Handbook on Labour Unions: Responses to Neoliberalism (Edward Elgar Publishing Ltd. 2011), Rekindling the Movement (Cornell University ILR Press, 2001), Organizing to Win (Cornell University ILR Press, 1998) and Restoring the Promise of American Labor Law (ILR Press, 1994). He has published dozens of papers in books and professional journals, including “Public Sector Unions Under Siege” [with Tamara Lee, Labor Studies Journal 2014], “Moving Beyond the Critical Synthesis: Does the Law Preclude a Future for US Unions?” [Labor History, 2013], “First Contract Arbitration and the Employee Free Choice Act: Multi-jurisdictional Evidence from Canada” [with Sara Slinn, Advances in Industrial and Labor Relations 2011], and “Obama and the US Labor Movement” [Transfer: European Review of Labour and Research 2009]. His articles on union strategy have been published in Britain, Germany, Switzerland, India, South Africa, Korea, Australia, Belgium, Canada and the U.S. Professor Hurd works closely with labor organizations and professional associations, offering technical assistance on strategic issues including organizational change, internal and external organizing, and leadership development. His clients have included the Canadian Labour Congress, AFL-CIO Office of the President, United Food and Commercial Workers, American Federation of Teachers, Service Employees International Union, the National Association for the Education of Young Children, and the American Guild of Musical Artists Hurd earned his Ph.D. in Economics from Vanderbilt University, and is a former Brookings Institution Economic Policy Fellow.
Johnnie Kallas
Coordinator, Strike Tracker, Industrial Labor Relations School, Cornell University
Ithaca, NY
Johnnie Kallas is a PhD candidate in the Department of Labor Relations, Law, and History at Cornell University’s ILR School. His research focuses on strikes and labor militancy in the United States, with a special interest in healthcare. He also worked as a labor organizer for three years before enrolling in graduate school.
Professor Harry C. Katz
Director, Scheinman Institute on Conflict Resolution Industrial Labor Relations School, Cornell University
Ithaca, NY
Harry C. Katz is the Jack Sheinkman Professor of Collective Bargaining at the School of Industrial & Labor Relations, Cornell University. He received his Ph.D. in Economics from the University of California at Berkeley. After teaching at MIT he came to the New York State School of Industrial and Labor Relations at Cornell University in 1985.
Colin M. Leonard
Bond Schoeneck & King
Syracuse, NY
Colin is a management-side labor and employment lawyer who works with
clients throughout Central New York, the Mohawk Valley and the Southern
Tier of New York.
His practice includes traditional labor-related work, including collective bargaining, labor arbitrations and agency matters before the NLRB and PERB. Colin also represents employers in federal and state anti-discrimination litigation and counsels human resources professionals on wide-ranging legal issues, including wage and hour, employee discipline and the New York State Labor Law.
Colin has experience assisting employers manage downsizing situations, when
compliance with state and federal statutes relating to employment losses is critical.
In particular, he has worked closely with employers in managing WARN-related
risks resulting from plant closings and mass layoffs. Colin has represented
employers in claims brought by unions and employees asserting violations of the
New York State WARN Act. He helps employers conduct risk assessments and
adverse impact analyses relating to layoffs, so that an employer can proceed with
planned downsizing consistent with applicable law.
Ritu Pancholy, Esq.
Founder, Culturupt
South Orange, NJ
Ritu Pancholy, Esq. is the founder of Culturupt, a HR consulting firm. She is an experienced workplace investigator and an attorney barred in New York and New Jersey. Ritu has over 10 years of deep experience in handling employment related matters for organizations including public companies and the government. Most recently, Ritu was in-house global employment counsel at Dun & Bradstreet, Inc. (a public company with 5,000 employees) where she was responsible for all employment, compliance and litigation matters. Ritu supervised all global employment and compliance investigations, handled on boarding and performance management questions, advised on employment policies, as well as reductions in force, and championed diversity and inclusion programs. Ritu has served as an Adjunct Professor of Law at Seton Hall University and has taught Conducting Internal Investigations.
Ritu is a graduate of Duke Law School and received her undergraduate degree at Rutgers University. Prior to working in-house, Ritu was as an attorney at the NYC Department of Education where she advised the agency on employment and education matters, handled investigations and defended the agency against suits with the EEOC or federal/state agencies. Ritu started her career as an associate at Weil, Gotshal and Manges LLP in New York City.
Ritu is passionate about providing organizations with the tools necessary to build a respectful culture and empower its employees. Ritu believes that people are the heart of all organizations and that organizations must manage these relationships with care.
Stephen P. Sonnenberg, Esq.
Mediator & Arbitrator, JAMS
New York, NY
Stephen P. Sonnenberg, Esq. has deep experience in understanding and resolving complex labor and employment disputes. Mr. Sonnenberg’s unique background, which allows him to understand both plaintiff and defendant concerns, comes from the practice of law, experience as a mediator, and prior experience as a psychotherapist. He is also a member of the JAMS Title IX panel. Mr. Sonnenberg is known for his attention to detail, thoughtful approach to emotion-laden disputes, and demeanor conducive to settlement. He has resolved numerous labor and employment disputes, including ones on both the east coast and in California.
Mr. Sonnenberg has mediated numerous Fair Labor Standards Act (FLSA) and state law wage and hour collective and class actions involving employees and companies in the retail, hospitality, technology, health care and transportation industries, among others. These actions have involved state-specific, multi-state and nationwide claims. When mediating a putative or certified collective or class action Mr. Sonnenberg draws upon not only his prior experience mediating complex class claims but his earlier practice litigating wage and hour matters in both California and New York.
Pearl Zuchlewski, Esq.
Kraus & Zuchlewski LLP
New York, NY
Pearl Zuchlewski is a partner in Kraus & Zuchlewski LLP where she primarily represents individual employees.
She is a former Chair of the New York State Bar Association (“NYSBA”) Labor and Employment Law Section and presently serves on the Section’s Executive Committee. She also is a Section representative to the NYSBA House of Delegates. In addition, Ms. Zuchlewski is a member of the American Bar Association (“ABA”) Labor and Employment Law Section’s Employee Rights and Responsibilities Committee, the National Employment Lawyers Association and the Association of the Bar in the City of New York (“ABCNY”).
She has served on the FINRA task force which drafted the FINRA Code of Arbitration provisions for statutory discrimination claims and is former Chair of the FINR’s National Arbitration and Mediation Committee. Ms. Zuchlewski most recently served as Chair of a FINRA employment task force which reviewed and consolidated the former NASD and NYSE Codes of Arbitration Procedure.
Ms. Zuchlewski has been recognized for several years as among the Best Lawyers in New York and in Superlawyers. She is a Fellow in the College of Labor and Employment Lawyers and a member of the College’s Board of Governors. She also is a member of the advisory boards of the New York University Law School Center for Labor and Employment, the Hofstra Law School, CPR Employment Disputes Committee and the New York City Chapter of the Labor and Employment Relations Association; her other professional activities include membership in the Public Investors Arbitration Bar Association.
Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition
First Place (Tie)
Rebecca Rychik, Fordham University School of Law
Mollie Carney, St John’s University School of Law
Third Place
Nick Martiniano, Penn State Law in University Park
Samuel M. Kaynard Memorial Student Service Award
First Place
Hayley Bronner, Cardozo School of Law
Second Place
Mohammed Hossain, CUNY School of Law
Third Place
Alexa Zuppa, Touro College Jacob D. Fuchsberg Law Center
Rebecca Rychik
Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition Winner
Rebecca Rychik is a third-year J.D. candidate at Fordham University School of Law with an interest in employment and health law. At Fordham Law, Rebecca is an Editor of the Intellectual Property, Media and Entertainment Law Journal and served as a Mediator in the Mediation Clinic, Lincoln Square Legal Services.
Rebecca earned a B.S., with honors, from the University of Maryland, College Park, School of Public Health, where she was awarded the Fraley Award- the highest departmental honors for academic excellence.
Mollie Carney
Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition Winner
Mollie Carney is a J.D. candidate at St. John’s University School of Law. She is currently the Vice President of External Affairs of the Labor Relations and Employment Law Society and a Notes and Comments Editor for St. John’s Law Review. Mollie has interned for Judge Seybert in the Eastern District of New York, and has worked with St. John’s Child Advocacy Clinic. Following graduation this year, Mollie will join the New York office of K&L Gates.
Nick Martiniano
Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition Winner
Nick Martiniano is a third-year student at Penn State Law in University Park. His passion for workers’ rights stems from his own union-membership in Actors’ Equity Association and has continued into his law school career, which has presented opportunities to work in Labor Law, Employment Law, Employee Benefits Law, and, most recently, Workers’ Compensation. During law school, he has worked with MidPenn Legal Services during his 1L summer, completed an externship with Stember, Cohn, & Davidson-Welling during his second year, and, most recently, completed a Peggy Browning Fellowship with New York State United Teachers (NYSUT). During his third year, he has continued with NYSUT as a law clerk, he serves as the Executive Online Editor for the Penn State Law Review, and he is a member of Penn State Law’s Civil Rights Appellate Clinic. In Fall 2021, Nick was also awarded third place in the College of Labor and Employment Lawyers’ Law Student Writing Competition. Following graduation, he will be returning to New York to rejoin NYSUT as a legal fellow. Nick would like to thank his wife and children for their unending support. For Solidarity!
Hayley Bronner
Samuel M. Kaynard Memorial Student Service Award Winner
Hayley Bronner is a third-year law student at the Benjamin N. Cardozo School of Law. She is currently the Executive Editor of the Cardozo International and Comparative Law Review (“CICLR”), Senior Editor of Law and Literature, and a clinical student in the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic. Her student note, which focuses on Title VII’s small firm exemption, has recently been published in CICLR. Hayley has previously interned for the NYC Law Department Labor and Employment Law Division (where she will be returning to after graduation), the U.S. Equal Employment Opportunity Commission, and the NYC Commission on Human Rights. She received her undergraduate degree from Johns Hopkins University in 2019.
Mohammed Hossain
Samuel M. Kaynard Memorial Student Service Award Winner
Mohammed Hossain is a third-year full time law student at the CUNY School of Law. He is currently a student attorney at the CUNY Law Workers’ Rights Clinic, the Managing Articles Editor of the CUNY Law Review, a member of the CUNY Law Moot Court Team, and a Mississippi Project Delegate. He is also a former Sorensen Fellow for International Justice and Peace, as well as a former Fellow with the South Asian Bar Association of New York.
He was born and raised in Brooklyn as a first-generation Bangladeshi American from an immigrant blue-collar union family. Prior to law school, he was a dance teacher in Lindy Hop and Vernacular Jazz Dance. He worked ad hoc, while participating in a community-based organization called the Alliance of South Asian American Labor, which prompted him to attend law school to advocate for working people.
His work has since included: consumer debt/bankruptcy work for DC 37, wage theft and employment discrimination work at Pechman Law Group, impact litigation in unemployment insurance and public benefits at the National Center for Law and Economic Justice (NCLEJ), and civil rights and workers’ rights advocacy at the Mississippi Workers’ Center for Human Rights. After graduating, he will be a post-graduate Fellow for SEIU Local 32BJ.
Alexa Zuppa
Samuel M. Kaynard Memorial Student Service Award Winner
I am a 2L full-time day student at Touro College Jacob D. Fuchsberg Law Center.
I applied for this award because I am very interested in pursuing a career in the area of labor and employment law, and I have worked to raise awareness about the field at Touro Law Center. During my first year, I founded the Employment and Labor Law Society and am currently serving as the President. Our organization has hosted a number of events over the past three semesters to connect students with labor and employment attorneys and learn about the field. I heard of this award through emails sent by the New York State Bar Association and felt that I would be a great candidate due to my efforts to educate Touro Law Center students about the area of labor and employment law and to cultivate an interest in the field amongst the student body at my law school. I am extremely grateful to be recognized by the NYSBA’s Employment and Labor Law Section for my efforts and commitment to the field of labor and employment law.
Since I was young, attending law school and becoming a lawyer has been a dream of mine. I have always wanted to find a way to help people make a difference in their lives, and I knew that by attending law school I could do exactly that. I am a first-generation law student and the first child to attend a graduate school. I hope to utilize my legal skills and education to help individuals facing legal challenges, particularly in the area of labor and employment law.
There have been two professors who have really made a big impact on me during my time at Touro Law Center, Professor Meredith Miller and Professor Suzanne Darrow-Kleinhaus. Professor Miller was my professor for Business Organizations, and I have been working with her as a research assistant for a scholarly article on a topic related to employment law. Professor Darrow-Kleinhaus was my professor for Contracts during my first year. Professor Miller and Professor Darrow-Kleinhaus were also very supportive of our efforts to establish the Employment and Labor Law Society at Touro Law Center, and Professor Miller is currently our faculty advisor. They have both pushed me to never give up and to give it my all, no matter the struggles I encounter.
After graduating from law school, I hope to secure a position with a labor and employment law firm and eventually start my own firm.
My advice for a prospective law student is to never give up. No matter how many obstacles or challenges may come your way, push even harder. Always surround yourself with supportive people, and take advantage of help from your professors, including attending professors’ office hours.