Events

November 20, 2024
In-house counsel and senior HR executives talked shop on top employment law issues. Facilitated by experienced employment lawyers from companies and management firms: Michael Delikat (Orrick), Shari Goldsmith (Assistant GC, Cantor Fitzgerald/BGC/Newmark), Erika Ozer (Global Head of Employment Law, Boston Consulting Group), Martin Schmelkin (Schulte) and Teri W. Wood (Jackson Lewis, former Associate GC at IBM).  Discussion topics: (i) employee speech; (ii) restrictive covenants; (iii) employment law risk for year-end decisions such as compensation and promotion; (iv) affinity groups and DEI after Students for Fair Admissions; and, (v) sharing of attendee top employment law issues.

November 14, 2024
The NYU Labor Center in collaboration with the Institute of Judicial Administration hosted "Will the NLRA be Declared Unconstitutional" a webinar on Nov. 14, 2024, discussing recent challenges to the NLRA brought by SpaceX and other companies. The Supreme Court's decisions in Free Enterprise Fund, Jarkesy, Lucia, and Axon raise the question whether the removal protections for Board members and ALJs are constitutional, and whether NLRB can continue to rely on administrative adjudication and hence function as law enforcement body. We invite you to view the transcript here. You can read Justia.com's Key Takeaways here.

Watch our latest presentation here!

Kevin Seney, 2L: Challenges to Written Civil Service Promotional Exams: Title VII and New York State Law

Read the paper here

Commentators: Prof. Jonathan Harris (Loyola Law School) and Prof. Morris Kleiner (University of Minnesota Institute of Public Affairs)

Jackson Maxwell, 3L: Solidarity Forever? Toward a Competitive Market for Organized Labor

Read a draft of the paper here, forthcoming in the NYU Law Review

Commentators: Prof. Daniel Francis (NYU School of Law) and Mark Risk, Esq (Mark Risk, PC)

Samuel Ball, 2L: Clawback Across the Country

Read a draft of the paper here

Commentators: Laurie Berke-Weiss (Berke-Weiss Law) and Jim Philbin (Philbin Law Firm)

September 18-20, 2023 
The NYU Center for Labor and Employment Law just hosted the 25th Annual Employment Law Workshop for federal judges with the Federal Judicial Center and the NYU Institute of Judicial Administration.

February 21, 2024, 12:00-1:00pm EST | Zoom Webinar | The degree of campus unrest and conflict is the worst our country has seen since the Vietnam War. Administrators who are under attack from all sides, wonder what actions they can take to protect students and maintain a conducive learning environment without running afoul of first amendment, civil rights, and other laws. How do administrators balance the rights of their diverse student and staff constituency? What are school entities' own rights and their responsibility to public policy and society as well?

Panelists included Prof. Claire Finkelstein (U Penn Carey Law School), Rex Heinke (Complex Appellate Litigation Group), Kenneth Marcus (Brandeis Center), Terrance J. Nolan (Terrance J. Nolan LLC), and Prof. Eugene Volokh (UCLA School of Law). Moderated by Prof. Samuel Estreicher (NYU School of Law).

If you missed it, you can watch it here. You are eligible to receive PDC and CLE credit for viewing the recording.

February 13, 2024, 3:30-4:45pm EST | Zoom Webinar | Join the experts for a discussion on practical considerations and risk mitigation for employer and other DEI initiatives after the Supreme Court ruling in SFFA. Although SFFA applied to college admissions, the decision is likely to affect employment discrimination law, with claims of reverse discrimination under Title VI, VII, and IX of the Civil Rights Act of 1964 as amended working their way through the courts. This NYU Labor Center webinar offers a balanced discussion with management, employee, and policymaker perspectives.

Panelists included Prof. David Bernstein (George Mason University School of Law), Michael Delikat (Orrick, Herrington & Sutcliffe), Prof. Samuel Estreicher (NYU School of Law), Tristan Morales (O'Melveny & Myers), and Prof. Kenji Yoshino (NYU School of Law). Moderated by Pearl Zuchlewski (Kraus & Zuchlewski).

If you missed it, you can watch it here. You are eligible to receive PDC and CLE credit for viewing the recording.

January 30, 2024, 3:30-4:45pm EST | Zoom Webinar | Section 10(j) of the National Labor Relations Act is often touted as an important remedy to obtain prompt relief for employees who are disciplined or discharged for their support of a union organizing drive. Delays have often plagued the efficacy of the remedy. Recently there has been a substantial uptick in the NLRB’s federal court applications for such relief. In the Starbucks case, significant, relatively new legal issues have arisen, including the standard for obtaining such relief (which the Supreme Court may agree to consider), and the scope of court-ordered discovery of union members to determine whether they have been “chilled” in the exercise of their rights to engage in concerted activity.

Panelists included Hon. Jennifer Abruzzo (General Counsel, NLRB), Matthew Ginsburg '05 (General Counsel, AFL-CIO), Richard Griffin, Jr. (Bredhoff & Kaiser, former NLRB General Counsel), Roger King (Senior Labor and Employment Counsel, HR Policy Association), and Howard Robbins (Proskauer). Moderated by Prof. Samuel Estreicher (NYU School of Law).

Vico Fortier, 3L: Employment Discrimination by Religious Organizations After Bostock
Commentator: Marjorie Mesidor (Phillips & Associates)

Grace O'Brien, 3L: Citizenship Status Discrimination
Commentator: Troy Kessler (Kessler Matura)

Kate Evans, 2L: The Prison Wage Dilemma: A Case Study of Administrative Law Challenges to New York's Correctional Industries Program Wage Policy
Commentator: Holly Weiss (HWH Mediation)

March 2, 2023, 4:00-5:15pm EST | Zoom Webinar | How do we bring more workers with non-apparent disabilities, including those under the neurodiversity umbrella (such as autism, ADHD, dyslexia, and mental health disabilities) into the workplace? Diagnosis of autism has skyrocketed while around 80% of autistic adults are currently unemployed despite businesses experiencing a worker shortage. How can businesses tap underutilized parts of the workforce? What are the benefits, challenges, and opportunities for employers in bringing on more neurodivergent workers and establishing neurodiversity at work programs? This webinar will explore privacy issues, training of management, discrimination, reasonable accommodations, disability inclusion in diversity training and initiatives, and more; and how each may be addressed.

Panelists included Barbara E. Hoey (Kelley Drye & Warren), Craig E. Leen (K&L Gates, former Director of OFCCP), Holly May (EVP & Global Chief of HR, Walgreens Boots Alliance), and Scott M. Robertson, PhD (U.S. Department of Labor, Office of Disability Employment Policy). Moderated by Stephen P. Sonnenberg (JAMS).

Watch the event

November 29, 2022, 2:00-3:00pm EST | A program with Pryor Cashman LLP, exploring how technology has revolutionized the methods by which athletes are compensated for their work, performances, name, likeness, and image (NIL). What novel legal and business issues are facing athletes, their advisors, leagues, and licensors? How may traditional licensing and collective bargaining arrangements need to adapt?

Panelists included Prof. Jason Chung (NYU Tisch Institute for Global Sport, Director of E-sports and Gaming Initiative), Eric Fishman (ArentFox Schiff, Partner; prev. Pryor Cashman LLP, Partner & Head of Sports Law Group), Andrew Latack (Klutch Sports Group, Head of Legal), Clarence A. Nesbitt (NBA Players Association; Chief Legal Officer THINK450), and Kirk Berger (NBA Players Association).

 February 2, 2022, 4:00-5:15pm EST | California has passed a new law that calls for sectoral bargaining among fast food workers and employers. The approach of multiple employers negotiating for industry-wide terms with labor is more prevalent in Europe and provides a means to secure labor gains across an industry. What are the benefits and challenges of such an approach for the parties involved? Is Taft-Hartley preemption likely to be a problem?  Does this approach introduce government imposition of terms through the guise of collective bargaining? Is that necessarily a bad thing for low-wage labor markets?

Panelists included Mary Joyce Carlson (Fight for $15), James Paretti, Jr. '97 (Littler Mendelson), and Paul Salvatore (Proskauer Rose). Moderated by Hon. Wilma Liebman (Former NLRB Chair; NYU Law).

November 10, 2022, 4:00-5:30pm EST | Successful community college and corporate apprenticeship models provide a guide to expanding worker training beyond traditional trades, from computer science and advanced manufacturing, to marketing and media. How can companies, government, and other education providers help bridge the skills gap? What legal, regulatory, or societal factors may constrain or facilitate such programs?

Panelists included William "Bill" Bonvillian (MIT; co-author of Workforce Education: A New Roadmap), Obed Louissaint (IBM, Senior Vice President, Transformation and Culture; Member US Department of Labor Advisory Committee on Apprenticeships), and Amy Firestone (Vice President, Apprenticeship Carolina; formerly with US Department of Labor -Registered Apprenticeships). Moderated by Melinda K. Holmes (Partner, Murphy Anderson PLLC).

April 1, 2022, 1:00-3:30pm EST | A virtual event hosted by the NYU Journal of Legislation & Public Policy, NYU Center for Labor & Employment Law, and NYU Sports Law Association.

Panel 1: Gender in Collegiate Sports
A discussion that included what the NCAA is and could be doing to minimize gender differences in compensation of college athletes, gender differences for name likeness and image (NIL) deals and appearances, and an assessment of Title IX and if and how it may be improved. Moderated by Cameron Myler (NYU Tisch Institute for Global Sports). Panelists included Richard Evrard (Bond, Schoeneck & King), Cary Joshi (Bailey Glasser), Jenifer E. Parsigian (Winston Strawn), and Dr. Ellen J. Staurowsky (Ithaca College).

Panel 2: Should Federal Action be Taken to Regulate Collegiate Athletics?
A discussion of whether there should be federal legislation or re-characterization of elite college athletes, collective action of players, the NCAA's new constitution, and more. Moderated by Prof. Jodi Balsam (Professor of Clinical Law, Director of Externship Programs, Brooklyn Law School). Panelists included Alanna Hernandez (Wasserman), Jeffery Mishkin (Skadden), Prof. Josephine (Jo) R. Potuto (NCAA Division I Committee on Infractions & University of Nebraska College of Law), and Iciss Tillis (Hall Estill).

October 28, 2021 - OSHA'S Authority on Employee Vaccine Mandates?

Does the Occupational Safety and Health Administration (OSHA) have authority to mandate businesses with 100 or more employees to require COVID-19 vaccination as a condition of employment? Will the courts interpret limits to delegation to this agency?

November 18, 2021 - Political & Religious Rights

Employers and employees continue to navigate the balance of employee individual rights versus employer duties to provide a safe workplace.

January 13, 2022 - Labor & Employment Law Considerations for the Hybrid and Remote Workplace

The NYU Labor Center looks at the issues arising from the new norm of hybrid and remote work: from re-evaluating policies on expense reimbursement and accommodations, to wage and hour issues and more.

Tuesday, March 8, 2022, 4:00-5:30pm EST

NYU Labor Center and the Student Mediation Organization at NYU Law brought together arbitrators and mediators, from both employee- and employer- law backgrounds, sharing their experience and insights on particular issues and considerations for effective employment law alternative dispute resolutions. Speakers included Terrance J. Nolan (Terrance J. Nolan LLC) LLM '82, David J. Reilly (ADR Office of David J. Reilly, Esq.) '82, Stephen Sonnenberg (JAMS), and Holly Weiss (HWH Meditation); moderated by Prof. Zachary Fasman (Fasman ADR, NYU Law).

Thursday, June 10, 2021, 4:00-5:30pm Online

4:00-4:10         Welcoming Remarks by Profs. Samuel Estreicher and Zachary
                           Fasman (NYU School of Law) 
4:10-4:25         Increasing Employment Opportunities for People with Felony
                           Convictions Esther Taati ’22. Commentator: Zoe Salzman, Esq. ’07
                           (Emery Celli Brinckerhoff Abady Ward & Maazel)
4:25-4:40         “Arbitrary and Capricious” Decisions and Practices at the NLRB
                           Michael J. Yoon ’21
4:40-4:55         Evaluating the Efficacy and Underse of the Section 10(j) Injunction
                           William Baker ’22. Commentator: James Murphy, Esq. (Spivak Lipton)
4:55-5:10          Political Activity Discrimination in the Workplace
                           Daniel Solomon ’22. Commentator: Mark Risk, Esq. ’84 (Mark Risk,
                           PC)
5:10-5:25         Opportunity Barriers Facing Women in Pay & Promotion After Wal-
                           Mart v. Dukes Catherine Cazes ’21. Commentator: Joseph Sellers, Esq.
                           (Cohen Milstein Sellers & Toll

Seasoned antitrust and sports lawyers, Jeffrey Kessler (Winston & Strawn) and Jeffrey Mishkin (Skadden), engaged in a highly informative and engaging discussion of the issues presented in NCAA v.  Alston, including whether colleges may limit compensation of college-athletes under federal antitrust law and the interpretation of NCAA v. Board of Regents precedent. The program was facilitated by Terrance J. Nolan (Terrance J. Nolan LLC, former General Counsel of New York University). 

Speakers included: Hon. John P. Pallasch (Assistant Secretary for Employment and Training, U.S. Department of Labor) and Amy Peterson (Executive Director, NYC Mayor’s Office of Workforce Development). 
Facilitators: Profs. Samuel Estreicher and Jonathan Harris (NYU School of Law).

Online Webinar, Thursday, September 17, 2020,  8:30am-12:00pm 

The current pandemic raises new questions about the boundaries of employer obligation and employee rights regarding a safe workplace. How do we protect employee privacy and safety while also sustaining business and jobs during an economic crisis and expected rise in COVID related lawsuits? In addition, employers and workers, like all litigants, will need guidance on how to move claims to resolution in an increasingly virtual post-pandemic setting. Topics covered include Employment Dispute Resolution (Litigation, Arbitration & Mediation, Collective Bargaining) and Workplace Safety (OSHA, Worker's Compensation, State Tort Liability).

Friday, April 5, 2019, from 8:45 AM to 10:45 AM EDT

"Mitbestimmung," or codetermination, is the German model of worker participation integral to both labor law and corporate governance in Germany. The concept has gained attention in the U.S., discussed by the United Auto Workers and Volkswagen's Chattanooga plant.  Join the NYU Labor Center to discuss the German experience and whether it might offer lessons to American companies and unions for a better way forward in labor relations, especially in confronting difficult challenges like technological disruption.

SPEAKERS:

Jeffrey Gordon (Columbia Law School)
Carsten Huebner (Transatlantic Labor Institute)
Hon. Wilma B. Liebman (former Chair, NLRB)
Tobias Shulze-Cleven (Rutgers School of Management and Labor Relations) 
Steven Swirsky (Epstein, Becker & Green)
Faculty Director: Samuel Estreicher, Dwight D. Opperman Professor of Law (NYU Law)

TO WATCH THE VIDEO, CLICK HERE

Wednesday, November 28, from 9:00 AM to 11:30 AM 

A year ago, the Harvey Weinstein scandal broke and the #MeToo Movement took off. Now it is time to assess the impact. Join the NYU Center for Labor and Employment Law for a look at recent developments, including  New York legislation that aims to bar mandatory arbitration for sexual harassment claims, corporate in-house responses, and a review of EEOC filings and prevention initiatives.

What is working well? What are the unforeseen consequences? What are the concerns of employers and employees in the wake of these changes?

SPEAKERS:

EEOC Commissioner Charlotte Burrows
Gary D. Friedman (Weil, Gotshal & Manges)
Cara Greene  (Outten & Golden)
Erika Ozer '97 (Swiss Re)
Christopher Reilly (Pitney Bowes)

Moderated by Davida Perry (Schwartz, Perry, Heller), with welcoming remarks by Samuel Estreicher, Dwight D. Opperman Professor of  Law, NYU School of Law

This event was co-sponsored by NYU Law Women and The Birnbaum Women's Leadership Network.

Friday, February 2, 2018, in Greenberg Lounge, Vanderbilt Hall, NYU School of Law

Issues considered:

        • What are the benefits of such agreements? Does their use shield or promote abusive manager actions and undermine employee rights?
        • What practices should employers, courts, and government enforcement agencies implement to monitor the use of NDAs?
        • The update on mandatory class action waivers.
        • What are best practices for companies for preventing sexual harassment claims and handling crisis management?

Pictured (Left to Right): EEOC Chair Victoria Lipnic, Professor Samuel Estreicher, Michael Delikat, Esq. of Orrick Herrington Sutcliffe, LLP

• Artificial Intelligence & Employment Law: "Big Data" and "People Analytics" in Personnel Decisions
• Annual NYU Employment Law Workshop for Federal Judges  *by invitation only          
• A Labor Organization for Start-up Musicians?   *by invitation only          
• Evening Celebration of Marvin Miller and Baseball Unionism      
• The Crisis in Public Sector Pension Funds              
• ABA National Symposium on Technology in Labor and Employment Law (co-sponsored by Labor Center);
• China Labor Research Conference: The China Labor Market        
• Employment Law Issues for In-House Counsel  
• What TTP Means for the American Economy and Worker
• The End of Work and The Case for a Universal Basic Income?
• Talk Shop 2017: Cutting-Edge Employment Law Issues for In-House Counsel and HR Executives
• New Models of Worker Exploitation

CHALLENGES & OPPORTUNITIES

Wednesday and Thursday, May 22 and 23, 2024. 

Conference speakers for 76th Annual NYU Conference on Labor and Employment Law: Challenges & Opportunities included government policy-makers US Solicitor of Labor Seema Nanda and NLRB Chair Lauren McFerran, EEOC Chair Charlotte Burrows, and EEOC Commissioner Andrea Lucas, as well as in-house counsel, academics, and leading labor and employment lawyers. Panels included

• Political Speech at Work
• OFCCP Pay Equity and Transparency Initiatives
• AI Developments in the US Workplace: US and EU Structures

See the 76th Annual Conference on Labor and Employment Law YouTube playlist here.

Watch the US Workforce Overview panel below:

This session provided an analysis of the US workforce and labor economics, noting trends and changes relevant for labor and employment law policy makers, employers and their counsel.

Speakers: Prof. Daniel Hamermesh and Ye Zhang (Resolution Economics) Facilitator: Gerald Hathaway (Fox Rothschild)

REFORM FOR THE LONG HAUL

Tuesday and Wednesday, May 23 and 24, 2023. 

Conference speakers for 75th Annual NYU Conference on Labor and Employment Law: Reform for the Long Haul included government policy-makers US Solicitor of Labor Seema Nanda, NLRB Chair Lauren McFerran and NLRB General Counsel Jennifer Abruzzo, EEOC Commissioner Keith Sonderling, FTC Dir. of the Office of Policy & Planning Elizabeth Wilkins, and OFCCP NE Regional Dir. Diana Sen, as well as in-house counsel, academics, and leading labor and employment lawyers. Panels included

• Diversity, Equity & Inclusion Initiatives
• OFCCP Pay Equity Initiatives
• AI: Benefits and Risks of Automated Employment Decision Tools

LABOR AND EMPLOYMENT INITIATIVES OF THE BIDEN ADMINISTRATION

Wednesday and Thursday, June 8 and 9, 2022. 

At the 74th Annual NYU Conference on Labor and Employment Law,  top officials at the NLRB, EEOC, and OFCCP of the US Dept. of Labor, as well as from leading academics and legal practitioners discussed proposals of the Biden Administration and what to expect or look for in the years ahead. Panel Topics include:

• The Revival of Joy-Silk Doctrine 
• The New Antitrust Labor Law
• New Anti-Retaliation and Whistleblower Protections
• Adapting Laws and Policies to Hybrid Remote Work
• ESG Reporting Issues with Project Labor Agreements

The NYU 73rd Annual Conference on Labor was held on Thursday and Friday, October 1-2, 2020, as a Zoom Webinar!  Instructions on accessing the webinar were sent to registrants prior to the conference.

Speakers included Hon. Charlotte Burrows (Commissioner, EEOC), Hon. John F. Ring (Chairman, NLRB), Hon. Eugene Scalia (U.S. Secretary of Labor) and many others!

ARTIFICIAL INTELLIGENCE (AI) AND AUTOMATION: IMPACT ON WORK AND WORKERS

Thursday and Friday, June 13 and 14, 2019

On June 13-14 at the 72nd NYU Annual Conference on Labor, the Labor Center explored the impact of artificial intelligence and automation – including machine learning, deep learning, data mining, robotics, facial recognition software, use of analytics to predict future success – on work, workers, and the workplace.  

Presentations included:

• Keynote Address by Hon. Kate O’Scannlain (Solicitor, U.S. Dept. Of Labor)
• Job Displacement Effects of AI
• Luncheon Address by Hon. Peter Robb (General Counsel, NLRB)
• Programs in Mitigation of Impact on Workers
• How Are Companies Using AI?
• How Are Other Countries Handling AI?
• Keynote Address by Hon. John F. Ring (Chair, NLRB)
• Labor Law Issues
• Privacy and Discrimination Issues
• Luncheon Address by Hon. Jenny R. Yang (Urban Institute; Former Chair, EEOC)
• Professional Responsibility Issues

On June 7th and 8th, 2018, over 140 people attended the NYU 71st Annual Conference on Labor.  New leaders at the DOL (Solicitor Kate O'Scannlain) and NLRB (Chairman John Ring and General Counsel Peter Robb) addressed the audience, while academics, plaintiff and management attorneys, government and company representatives discussed developments in the labor and employment field under the Trump Administration. Labor Center Faculty Director, Professor Samuel Estreicher, presided over the Conference. 

   
Labor Center Board Member Marjorie Mesidor (Phillips & Associates) gives a dynamic presentation on the Elimination of Bias, illustrated by audience reactions to various shoes. Seated Left: Stephen Sonnenberg (JAMS)

SOME OF THE ISSUES DISCUSSED:

The Conference was made possible in part by support from:

• Reverse Preemption
• Harassment in the Workplace
• EEO Initiatives
• Non-Mutual Issue Preclusion?
• "Hire American" Labor Policies

69th Annual Conference on Labor: Arbitration and Mediation of Employment and Consumer Disputes Annual Conference on Labor: The Challenge for Collective Bargaining