Labor & Employment Law Section

Labor & Employment Law Section

The Labor and Employment Law Section of the New York State Bar Association is pleased to welcome Section members and visitors. Our Section brings together members from across the full 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 issues to join our Section, benefit from our experience and expertise, and enjoy our camaraderie. New members are always welcome.

We hope you will take the time to explore the many features of our website (some of which are accessible only to Section members), which include: access to online case research through Loislaw, a searchable directory of members, the Labor and Employment Law Journal, and papers and presentations from recent CLE programs. For information on recent legal developments, check our blog and follow us on LinkedIn.

Labor and Employment Law Section Mission Statement
The purpose of this Section shall be to bring together for furtherance of their mutual interests those members of the New York State Bar Association as are interested in labor and employment law; 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.

Contact the Labor and Employment Law Section Liaison

To learn more about this Section, please contact Emily Kurtzner
ekurtzner@nysba.org
(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.

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Sheryl B. Galler

Sheryl B. Galler, Esq.

Partner, Book Law LLP

Sheryl is Chair of the New York State Bar Association (NYSBA) Labor & Employment Law Section and immediate past Chair of the NYSBA Women in Law Section. She has moderated and presented continuing legal education courses on employment law and professional practice for the NYS Office of the Attorney General, NYSBA and the Women’s Leadership Initiative at Albany Law School.

She is the author of Sexual Harassment and Retaliation in the Legal Profession: How To Stop It, NYSBA Journal (January/February 2022), Preventing and Handling Sexual Harassment at Law Firms, NYSBA Journal (January/February 2019) and Know New York State’s New Paid Family Leave Benefits Law, NYSBA Journal (May 2017).

Sheryl advises employers and employees on federal, state and local employment laws. She negotiates and drafts employment, severance and non-competition agreements, drafts employee handbooks and helps clients develop and implement employment policies. She also conducts training on sexual harassment prevention for law firms, nonprofits and commercial entities, conducts investigations of discrimination and harassment claims, and counsels clients on a wide range of employment law and compliance matters.

Sheryl is a 1993 graduate of the Columbia University School of Law, where she was a Harlan Fiske Stone Scholar. She received her B.A. from Columbia University, summa cum laude, Phi Beta Kappa.

Online Community

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Section Publications

Labor and Employment Law Journal - Vol. 47 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

Section Bylaws

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”)

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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

29 U.S. Code – Labor. Representative chapters pertinent to employment:
42 U.S. Code – The Public Health and Welfare. Representative chapters pertinent to employment:
- Chapter 21. The Civil Rights Act
  - 2000e – 2000e-17 – Equal Employment Opportunity
  - <1981A, 1988 – Employment Discrimination
- Chapter 126. – Equal Opportunity for Individuals with Disabilities
Code of Federal Regulations: 29 C.F.R. – Labor

State Material

State laws concerning compensation, hours, and other conditions of work
Other state statutes concerning:
N.Y. Court of Appeals:
- Recent Decisions on Employment
- Commentary from Legal Information Institute Bulletin
Appellate Decisions from Other States

International Material

Dealing with Human Rights (including those bearing on employment)

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

29 U.S.C. – Labor
29 U.S.C., Chapter 7 – Labor Management Relations Act
29 U.S.C., Chapter 7, Subchapter II – National Labor Relations Act
9 U.S.C. – Federal Arbitration Act
Code of Federal Regulations: 29 C.F.R. – Dept. of Labor
U.S. Supreme Court: Recent Decisions on Collective Bargaining
U.S. Circuit Courts of Appeals: Recent Decisions on Collective Bargaining

State Material

Uniform Arbitration Act – as enacted in various states
New York Employment Relations Act – New York Labor Code, Article 20
New York Labor and Management Improper Practices Act – New York Labor Code, Article 20-A
California statutes making collective bargaining agreements legally enforceable – California Labor Code Sections 1126-1128
California statute requiring the state to establish procedures for binding arbitration of certain disputes in the garment industry – California Labor Code §§ 2685 – 2692
Other State Statutes Dealing with Labor
N.Y. Court of Appeals:
Appellate Decisions from Other States

International Material

Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively (1949)

Other References

Cornell University’s Institute for Collective Bargaining
Bureau of Labor Statistics Collective Bargaining Agreement Program
Bureau of Labor Statistics Monthly Labor Review Online (includes index to archived issues)
Good Starting Points in Print: Robert A. Gorman, Gorman’s Basic Text on Labor Law – Unionization and Collective Bargaining, West Group (1976)

EMPLOYMENT DISCRIMINATION

Federal Material

42 U.S.C. §§ 1981, 1981a, 1983, 1988 – Nineteenth Century Civil Rights Acts
42 U.S.C. Chapter 21 – Civil Rights Act of 1964
29 U.S.C. § 206 – Equal Pay Act of 1963
42 U.S.C. Chapter 126 – Americans with Disabilities Act of 1990
29 U.S.C. §§ 621 – 634 – The Age Discrimination in Employment Act
30 U.S.C. § 938 – The Black Lung Act
29 U.S.C. §§ 791, 793, 794(a) – The Rehabilitation Act
Code of Federal Regulations: 29 CFR, Chapt. XIV – Equal Employment Opportunity Commission
U.S. Supreme Court: Recent Decisions on Employment Discrimination
U.S. Circuit Courts of Appeals: Recent Decisions on Employment Discrimination

State Material

New York State law prohibiting employment discrimination – New York Executive Law § 296.
California statute prohibiting discrimination in public works employment – California Labor Code § 1735
California statute to prevent discrimination based on sexual orientation – California Labor Code § 1102.1.
California statute requiring equal pay for equal work – California Labor Code §§ 1197.5 .
Summaries of Agency and Court Decisions Under the Wisconsin Fair Employment Act
State Statutes Dealing with Labor
N.Y. Court of Appeals:
- Decisions on Employment Discrimination
- Commentary from Legal Information Institute
Appellate Decisions from Other States

Other References

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

UNEMPLOYMENT COMPENSATION

Federal Material

U.S. Code:
- Federal Unemployment Tax Act –26 U.S.C. 3301 et seq.
- Federal Grants to States for Unemployment Compensation Administration – 42 U.S.C. § 1101 et seq.
- Unemployment Trust Fund – 42 U.S.C. § 1104.
- The Railroad Unemployment Insurance Act – 45 U.S.C. § 351 et seq.
Title 26 C.F.R. – Part 31
U.S. Supreme Court: Recent Decisions on Unemployment Compensation
U.S. Circuit Courts of Appeals: Recent Decisions on Unemployment Compensation

State Material

Other References

PENSIONS

Federal Material

Article I, § 8
U.S. Code:
- 29 U.S.C. §§ 1001et seq. – Employee Retirement Income Security Act (ERISA)
- 26 U.S.C. §§ 401 et seq. – Tax Treatment
29 C.F.R. Parts 2500 et seq.. – Pension and Welfare Benefits Administration (PWBA)
29 C.F.R. Parts 4000 et seq. – Pension Benefit Guaranty Corporation (PBGC)
Supreme Court: Recent Decisions on Pensions
U.S. Circuit Court of Appeals: Recent Decisions on Pensions

State Material

Other References

Federal Agencies:
- Pension and Welfare Benefits Administration
- Pension Benefit Guaranty Corporation
Employee Benefit Research Institute

WORKPLACE SAFETY

Federal Material

29 U.S.C. §§ 651 – 678 – Occupational and Safety Health Act (OSHA)
29 U.S.C. §§ 701 et seq. – The Rehabilitation Act
Regulations promulgated under OSHA (29 C.F.R. parts 1901-2200) and Related Material
U.S. Supreme Court: Recent OSHA Decisions
U.S. Circuit Courts of Appeals: Recent OSHA Decisions

State Material

New York occupational safety and health laws – New York Labor Code Article 2, §§ 27 et seq.
California Occupational Safety and Health Act – California Labor Code §§ 6300 et seq.
State Statutes Dealing with Labor
State Statutes Dealing with Labor and Industrial Safety
N.Y. Court of Appeals:
- Recent Decisions on Workplace Safety and Health
- Commentary from Legal Information Institute
Appellate Decisions from Other States

Other References

Federal Agencies:
- U.S. Occupational Safety and Health Administration
- National Institute for Occupational Safety and Health
Good Starting Point in Print: Mark A. Rothstein, Occupational Safety and Health Law, West Group (1990)

WORKER’S COMPENSATION

Federal Material

U.S. Code:
- Federal Employees’ Compensation Act – 5 U.S.C. §§ 8101 – 8193.
- Federal Employment Liability Act (FELA)- 45 U.S.C. §§ 51 – 60
- Merchant Marine Act (the Jones Act) – 46 U.S.C. § 688
- Longshore and Harbor Workers’ Compensation Act (LHWCA) – 33 U.S.C. §§ 901 – 950.
- Black Lung Benefits Act – 30 U.S.C. §§ 901 – 945
Title 20 C.F.R., Chapt. I
U.S. Supreme Court: Recent Workers Compensation Decisions
U.S. Circuit Courts of Appeals: Recent Workers Compensation Decisions

State Material

New York Workers’ Compensation Law
California’s Workers’ Compensation Act – California Labor Code §§ 3200 – 6149
State Statutes Dealing with Labor
N.Y. Court of Appeals:
- Recent Decisions on Workers’ Compensation
- Commentary from Legal Information Institute
Appellate Decisions from Other States

Other References

U.S. Occupational Safety and Health Administration (OSHA)
Good Starting Point in Print: Arthur Larson and Lex K. Larson, Larson’s Workmen’s Compensation, Matthew Bender (1994)

GENERAL LABOR LAW

Federal Material

29 U.S.C. – Labor
- Labor Management Relations (Taft-Hartley) Act – 29 U.S.C. § 141 et seq.
- Norris-LaGuardia Act – 29 U.S.C. § 101
Railway Labor Act – 45 U.S.C. § 151 et seq.
Federal Service Labor-Management Relations Act (FSLMRA) – 5 U.S.C. § 7101 et seq.
29 C.F.R.
U.S. Supreme Court:
- Historic Labor Law Decisions
- Recent Labor Law Decisions
Recent U.S. Court of Appeals Labor Law Decisions

State Material

State Statutes concerning:
N.Y. Court of Appeals:
- Recent Labor Decisions
- Commentary from Legal Information Institute
Appellate Decisions from Other States

International Material

Human Rights Treaties

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).