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Join us on Thursday, September 17 at 5 pm for our Second "Zoominar" in the Meet the Section Leaders Series. This session will focus on the CLE Committee. Meet the three Co-Chairs and two Committee Members and preview what we have in store for the remainder of the year, learn what's involved in setting up programs and how to volunteer. RSVP to cteeter@nysba.org to sign up. The Section's Fall Meeting scheduled at Longboat Key Resort, FL is being reconfigured into a Virtual Event on Friday, October 16 and October 23rd. Additional Details Coming Soon! Don't miss our new Layperson's Guide Series by clicking on the Resources Tab on the left navigation.

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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.

If you have questions about the Section and the benefits we offer, please contact Alyson Mathews, our Section Chair, or Alyssa L. Zuckerman Chair of our Membership Committee.  We hope you will join us.

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 Cathy Teeter
cteeter@nysba.org
(518) 487-5573

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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. Edited by Allan S. Bloom, Esq., 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 copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved.  ISSN 2155-9791 (print)     ISSN 2155-9805 (online)

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.

MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.

If you have written an article and would like to have it considered for publication in the Labor and Employment Law Journal, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:

Editors-in-Chief
Colin M. Leonard
cleonard@bsk.com

Laura C. Monaco
lmonaco@ebglaw.com

 

 

Labor and Employment Law Journal - Fall 2019

A publication of the Labor and Employment Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.

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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)

 

Awards

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.

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 FALL 2019 – FALL 2021

APPLICATION DEADLINE EXTENDED TO: OCTOBER 28, 2019

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.

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