For questions, please contact Jennifer Motley
Phone: (410) 972-4712 or Email: jmotley@laborandemploymentcollege.org
Click here to view the Regional Meeting Papers Archive.
REGIONAL MEETING PAPERS
- October 7, 2021 - THE EVOLVING REALITIES OF WORKING DURING COVID-19: ISSUES FOR EMPLOYERS, EMPLOYEES AND UNIONS IN NAVIGATAING VACCINE MANDATES AND OTHER RETURN-TO-WORK POLICIES
As employers, employees and unions anticipate and plan for returning to the office (or other work environments), they remain confronted with the threat of new variants of COVID and evolving laws and regulations relating to return to work. The panel discussed issues confronting employers, employees and unions during this tumultuous period, including increasing demands for vaccination, testing, medical exemptions and religious exemptions.
PANELISTS:
Nicholas Woodfield, Esq., The Employment Law Group
Yona Rozen, Associate General Counsel, AFL-CIO
Devjani H. Mishra, Esq., Shareholder, Littler Mendelson PC
Reginald Odom, Senior VP, Chief People Officer, Hospital for Special Surgery
MODERATOR:
William D. Frumkin, Esq., Frumkin & Hunter Law P
Materials:
Webinar Handout - Apeal Brief.pdf
Webinar Handout - Defs Opp to Appeal.pdf
Webinar Handout - Articles.pdf
- October 6, 2021 - CIVILITY FROM THE PODIUM: PROFESSIONALISM AS A STRATEGIC TOOL IN EMPLOYMENT APPEALS
In 2021, civility is under attack in the public square — and the effect is being felt in employment litigation, too, where high-stakes, emotional disputes unfold against an economic backdrop that has become increasingly fraught and polarized. Our system of laws relies on the professionalism and restraint of its practitioners, yet the boundaries of proper behavior are sometimes blurred. This webinar explored the use of civility as a tool to gain advantage in litigation, not just for the benefit of clients — though that is a key outcome — but also for the overall good of the courts and the legal profession. The distinguished panelists, federal judges at the appellate level, explored how the practice of civility and professionalism is explicitly favored under their local rules, as well as by general court custom. They shared their expectations for courtroom behavior, as well as the consequences, for lawyers and for clients, of violating norms. The result was a roadmap for attorneys who wish to reap the benefits of courtroom civility and to capitalize on the errors of opponents who disrespect judges and the forum in which they seek justice.
PANELISTS:
Honorable Albert Diaz, Judge, US Court of Appeals for the Fourth Circuit
Honorable Stephanie D. Thacker, Judge, US Court of Appeals for the Fourth CircuitINTRODUCTION:
Michal Shinnar, Senior Counsel, Joseph Greenwald & Laake, PA
MODERATOR:
R. Scott Oswald, Managing Principal, The Employment Law Group, PC
Materials: - May 19, 2021 - LABOR AND EMPLOYMENT UNDER THE BIDEN ADMINISTRATION: THE AGENCY REPORTS (Part 2)
The College of Labor and Employment Lawyers presented a unique online two-session briefing event featuring the policy and political leaders from four federal agencies, relevant and interesting to the College’s members nationwide. The two-session program features the leaders from the Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) on May 18, followed the next day by key officials from the US Department of Labor (DOL) and the National Labor Relations Board (NLRB) on May 19. The government speakers will address significant developments as well as future plans and policies at their respective agencies, with reactions from panelists in a moderated discussion. The May 19th speakers include:
PANELISTS
M. Patricia Smith, Senior Counselor to the Secretary of Labor, DOL
Peter Sung Ohr, Acting General Counsel, NLRB
Judy Conti, National Employment Law Project
Lawrence Z. Lorber, Seyfarth Shaw LLPMODERATOR
Mark Gaston Pearce, Workers' Rights Institute, Georgetown Law
Materials:
DOL fact sheet 13 Employment Relationship under FLSA_2008.pdfFinal Rule_ Overtime Update _ U.S. Department of Labor.pdf
Final Rule_ Tip Regulations under the Fair Labor Standards Act (FLSA) _ U.S. Department of Labor.pdf
Final Rule_Independent Contractor Status_FLSA.pdf
Labor and a Biden NLRB_MGP.pdf
- May 18, 2021 - LABOR AND EMPLOYMENT UNDER THE BIDEN ADMINISTRATION: THE AGENCY REPORTS (Part 1)
The College of Labor and Employment Lawyers presented a unique online two-session briefing event featuring the policy and political leaders from four federal agencies, relevant and interesting to the College’s members nationwide. The two-session program features the leaders from the Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) on May 18, followed the next day by key officials from the US Department of Labor (DOL) and the National Labor Relations Board (NLRB) on May 19. The government speakers will address significant developments as well as future plans and policies at their respective agencies, with reactions from panelists in a moderated discussion. The May 18th speakers include:
PANELISTS
Hon. Charlotte A. Burrows, Chair, EEOC
Jenny R. Yang, Director, OFCCP
MODERATOR
David S. Fortney, Fortney & Scott, LLC
Materials:
CLEL 5.18.21 WEBINAR RESOURCE LINKS.pdf - April 14, 2021 – 2020 - THE GREAT DISRUPTOR: THE FUTURE OF WORK, THE WORKPLACE AND THE WORKFORCE
2020 was a year that was defined by anxiety and stress for most companies and for the workforce. We seemed to careen from one stressful crisis to another: a global pandemic that killed more than 500,000 in the U.S. alone; an economic collapse that left tens-of-millions of the most vulnerable unemployed and many businesses and industries struggling; social upheavals that put a spotlight on the harsh reality of racial inequality; and political turmoil that tested our democracy.
Most people would agree that the way we live, work, and play will never be the same. Countless questions are presented about the future of work, the workplace, and the workforce, including what old rules need to be broken, re-written, or discarded, as employers and employees alike try to adjust to a new environment?
This program examined and addressed such issues as:
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How should organizations consider revising their operations? Has the workplace moved beyond “jobs” to focus more on “work” and “skills”? What does this mean for employers and employees?
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Have employees' expectations about work and the workplace changed? How?
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Given these changes, how should an employer manage its workforce? What does this mean for the relationship between supervisors and employees and for new skills and behaviors for supervisors and employees?
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What factors should employers consider when seeking new additions to their workforce?
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Technology is rapidly changing the way work is done. What will be the impact on the workforce?
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How should employers handle return-to-the-office plans – both remote and on site – and how should employers handle issues relating to vaccinations?
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In 2020, many employers became worried about employee “wellbeing.” Will this continue?
Key Presenter: Jay Jamrog, Senior Vice President, Research, The Institute for Corporate Productivity (i4cp)
Discussion Facilitators: Wayne N. Outten, Partner, Outten & Golden LLP and Darrell S. Gray, Partner, Arent Fox LLP
Materials:
Are Companies Following Through on their Diversity & Inclusion Pledges_i4cp
Zoom Culture: Few Employers Have Policies About Your Political T-Shirt_i4cp
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- January 28, 2021 - COVID-19 VACCINATIONS IN THE WORKPLACE: ROLLING UP OUR SLEEVES TO TALK ABOUT THE LEGAL ISSUES
In light of the recent EEOC Guidance concerning COVID-19 vaccinations in the workplace, the program panel looks at the legal issues from all sides, providing perspectives of employers, employees and unions. In addition, EEOC Commissioner Sonderling is a panel member. The panel explores these legal issues through a question and answer format, encouraging debate and leaving ample opportunity for audience interaction.
Panelists –
- Hon. Keith Sonderling | Commissioner, US Equal Employment Opportunity Commission
- Gail Blanchard-Saiger | VP & Counsel, Labor & Employment, California Hospital Association
- Karla Grossenbacher | Partner, Seyfarth Shaw LLP
- William B. Sailer | Senior VP, Legal Counsel, Qualcomm
Moderator – Gwynne A. Wilcox | Partner, Levy Ratner
Materials
- December 10, 2020 - THE NEW URGENCY OF DIVERSITY IN EMPLOYMENT: NAVIGATING THE RISE OF BLM CONCERNS AND THE PUSHBACK FROM SOME QUARTERS
The impact of the Black Lives Matter movement has caused many employers to consider how to respond, including taking a more ambitious approach to diversity, equity, and inclusion programs and initiatives. Recent negative reactions to some of those potential programs and initiatives have complicated those efforts. This program discusses the challenges and legal issues employers (including law firms), employees and unions will confront in this dynamic environment when they seek to be proactive and take steps to facilitate effective and legally compliant programs and initiatives.
Panelists –
- Hon. Charlotte A. Burrows | Commissioner, US Equal Employment Opportunity Commission
- Angela Vallot, Esq. | Partner, VallotKarp Consulting, LLC
- Melissa S. Woods, Esq. | Partner, Cohen Weiss & Simon LLP
- Teresa J. Hutson, Esq. | Vice President/Deputy General Counsel, HR Legal, Microsoft
- Pia Flanagan, Esq. | Chief Operating Officer, CEO Action for Racial Equity
- Harmeet K. Dhillon, Esq. | Partner, Dhillon Law Group, Inc.
Moderator – Darrell S. Gay, Esq. | Partner, Arent Fox LLP
Materials
121020 Articles of Interest
121020 Ten Tips
121020 Visible Invisibility
121020 You Cant Change What You Cant Print
AME COL - 12.10.20 WEBINAR HANDOUT (RESOURCE DOC.)
Best Practices for Promoting DEI 12.4.20 v. 2 (003) (002)
CEO Action for DI Corporate Actions
Video - November 14, 2020 - IS CIVILITY ENOUGH: A PRACTICAL, FRANK AND ELEVATED DIALOGUE ON CIVILITY, DIVERSITY AND INCLUSION
This panel of distinguished and diverse judges, neutrals and practitioners explore how issues of diversity and inclusion impact the legal profession. The panel ask whether civility is enough and what can be done to impact the under representation of women, people of color, and LGBTQ+ professionals on partnership track at major law firms (Defense and Plaintiff), on the bench, and among the elite ranks of neutrals. The panel also explore how external events, such as civil rights and justice movements, impact the dialogue.
Panelists – - Judges:
Honorable William Bedsworth, California Court of Appeal for the Fourth District
Honorable Fernando Olguin, US District Judge for the Central District of California- Management:
Marta Fernandez, Esq., Jeffers Mangels Butler & Mitchell, LLP (CA) - Employee:
Rene Mochkatel, Esq., Allred Maroko & Goldberg (CA) - Employee/Union:
Daniel L. Bonnett, Esq., Martin & Bonnett, PLLC (AZ) - Union:
Jesús E. Quiñonez, Esq., Legal Director, California Teachers’ Association (CA) - Neutral:
Angela Reddock-Wright, Esq., The Reddock Law Group (CA) Moderator– J. Bernard Alexander, III, Esq., Alexander Morrison + Fehr (CA) Materials
AME_COL_RESOURCE_LINKS_FOR_11.14.20_PROGRAM_9S
PDF_AJRW_DJ_Article-BLM__Mediating_Race_Claims_07242020Covid Pandemic_ U.S. Businesses Issue Gag Rules to Stop Workers From Talking - Bloomberg
Survey_Report_4-22-2015_a
Video - October 15, 2020 - Civility in the Courtroom: How to Use Professionalism to Gain Advantage in Employment Litigation
Three federal judges from Washington DC speak about what they expect from the lawyers who appear before them, with a special focus on employment cases.
- The Hon. Robert L. Wilkins | Judge, U.S. Court of Appeals for the District of Columbia Circuit
- The Hon. Trevor N. McFadden | District Judge, U.S. District Court for the District of Columbia
- The Hon. Robin M. Meriweather | Magistrate Judge, U.S. District Court for the District of Columbia
- September 29, 2020 – IN THE COVID-19 TRENCHES - NAVIGATING PRIVACY, CONCERTED ACTIVITY, BARGAINING AND EMPLOYEE GAG ISSUES FOR THE LABOR LAW PRACTITIONER
A panel of experienced practitioners address these latest critical considerations from every angle, with a view toward arming attendees with issue spotting, argument analysis and potential resolution suggestions, to enable them to thread the needle through the COVID-19 crisis facing clients.
Panelists –
- Mark Gaston Pearce, Esq. | Workers’ Rights Institute, Georgetown Law
- Gwynn A. Wilcox | Levy Ratner, PC
- Alan A. Symonette, Esq. | Symonette ADR Services Inc.
- Marshall B. Babson, Esq. | Seyfarth Shaw LLP
Moderator – William D. Frumkin, Esq. | Arent Fox LLP
Materials
11155935_14
Covid Pandemic_ U.S. Businesses Issue Gag Rules to Stop Workers From Talking - Bloomberg
Video - September 24, 2020 – REMOTE WORK’S EVOLVING LANDSCAPE
Six months into the COVID-19 pandemic, with many employees still working from home, teleworking is far more common than ever. Some employers are encouraging or permitting many employees to work remotely for the rest of 2020 (and beyond). There is a growing consensus that, as a result of this experience, remote work will remain far more common post-pandemic than it was pre-pandemic. In this webinar, panelists with diverse perspectives will explore the pluses and minuses, including specific legal pitfalls — such as in connection with reasonable accommodations, disparate impacts, and wage-and-hour issues — related to the increase in remote work.
Panelists –
- Kathleen L. Bogas | Bogas & Koncius (Founding Partner and Former NELA President)
- Christopher A. D’Angelo | Consolidated Edison Company of New York (Assoc. General Counsel, Labor, Employment, Benefits and Workers’ Compensation)
- Loren Gesinsky | Seyfarth Shaw LLP (Partner)
- David Lopez | Rutgers Law School (Co-Dean and Former EEOC General Counsel)
Materials
- September 21, 2020 – ON-SITE WORKING DURING COVID: LEGAL CHALLENGES AND STRATEGIC APPROACHES
Despite a surge in the number of employees working from home during the pandemic, many workplaces remain operational and a growing number of employers are ramping up their on-site operations or plan to reopen in the coming months. In this program, lawyers representing unions, employees, and employers will examine assorted legal issues and tactical challenges related to working on-site during COVID. This discussion will be relevant to those whose clients never left or face returning to the workplace and those who represent employers confronting the complexity of managing employees on-site during the pandemic.
Panelists –
- Lisa J. Damon, Esq. | Seyfarth Shaw LLP
- John W. Hamlin, Esq. | Marsh & McLennan Companies, Inc.
- Pamela Jeffrey, Esq. | Levy Ratner
- Melissa E. Washington, Esq. | Outten & Golden LLP
Moderator – Darrell S. Gay, Esq. | Arent Fox LLP
Materials
Going Forward in the Midst of COVID-19
robb covid memo
09.21.2020 WEBINAR HANDOUT (RESOURCES)
Video - September 16, 2020 – Traditional Labor Law In The Time Of The Pandemic: Collective Bargaining Negotiations, FMCS, Mediations and Labor Arbitration in a Virtual World
Traditional labor lawyers representing unions and management address their interests and resolving disputes using virtual technology, while adapting to the COVID-pandemic world that we now face. You will hear the latest updates from the Federal Mediation and Conciliation Services on how virtual services are being provided, and from a highly experienced arbitrator addressing arbitration proceedings relating to traditional labor issues. Additionally, experienced practitioners representing parties in labor management negotiations and disputes who already have experience in using the new technologies will share the lessons they have learned. This exciting program will provide updates on the technologies and provide information and practice pointers for effectively representing your clients on a virtual basis in collective bargaining, mediation when needed to get to a collective bargaining agreement and arbitration of labor disputes.
Panelists –
- Samantha Dulaney | General Counsel for IATSE (Union)
- Ira F. Jaffe | Impartial Arbitrator-Mediator
- Arthur Pearlstein | Director of Arbitration, FMCS
- Mark W. Schneider | Littler (Management)
Moderator –
- Cynthia Nance | Dean Emeritus and Nathan G. Gordon Professor, University of Arkansas School of Law
Materials
- July 28, 2020 – The College is Going Virtual: Virtual Labor and Employment Arbitration:The Good, The Bad and The Ugly
This session examined the benefits and challenges of conducting and participating in virtual labor and employment arbitration during the pandemic. Practitioners from labor, management, plaintiff and defense who have actually participated in virtual arbitration spoke about their experiences. Discussion included, among other considerations, observations on the technology, factors influencing the decision to go virtual, client concerns and reactions, problems experienced and means of resolution.
Moderators –
- Mark Gaston Pearce | Workers’ Rights Institute, Georgetown Law
- Homer C. La Rue | Arbitrator/Mediator
Panelists –
- Alfred G. Feliu | Feliu Neutral Services, LLC
- Amy M. Gaylord | Akerman LLP
- Robert E. Paul | Law Offices of Robert E. Paul PLLC
Materials
Arbitrator Authority on hearings - Excerpts of NAA code and AAA rules
FMCS Guide to video arbitration 4-13-20
NAA/FMCS 4-2-20 Video Conferencing Power Point
Virtual Arbitration Hearing Order (Feliu)
Sample Case Schedule (LaRue)
Video - July 23, 2020 – The College is Going Virtual: Discussion with Victoria Lipnic, EEOC Commissioner
An open dialogue with EEOC Commissioner Victoria Lipnic about the COVID-19 Pandemic, the guidance that has been provided by the Commission about COVID-19 relative to the American with Disabilities Act (ADA), the Rehabilitation Act and other EEO laws, and how the Commission anticipates this pandemic will affect the charges being filed with the agency and impact on how the agency responds.
Moderator – Darrell S. Gay, Esq. | Arent Fox LLP
Facilitators –
- William D. Frumkin, Esq. | Frumkin Hunter LLP
- John W. Hamlin, Esq. | Marsh & McLennan Companies, Inc.
- Gwynne A. Wilcox, Esq. | Levy Ratner
Materials
2020 EEOC Update Power Point. Below are live links found in the attached Power Point:
- What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
- Pandemic Preparedness in the Workplace and the Americans With Disabilities Act
- Ask the EEOC Webinar on Corona Virus, March 27, 2020 (seen on YouTube. A transcript of the webinar is also available).
- EEOC Chair’s statement re discrimination against Asian Americans and people of Asian descent in the workplace during the pandemic
- July 14, 2020 – The College is Going Virtual: Virtual Mediations Webinar
This session examined the benefits and challenges of conducting and participating in virtual labor and employment mediations during the pandemic. Practitioners from labor, management, plaintiff and defense who have actually participated in virtual mediations spoke about their experiences. Discussion included, among other considerations, observations on the technology, factors influencing the decision to go virtual, client concerns and reactions, problems experienced and means of resolution.
Moderator – Evan Spelfogel, Esq. | Phillips Nizer LLP
Panelists –
- Carla Brown, Esq. | Charlson Bredehoft Cohen & Brown, PC
- Ariel Cudkowicz, Esq. | Seyfarth Shaw LLP
- Denis Engel, Esq. | Colleran O’Hara & Mills LLP
- Martin Wickliff, Esq. | Cozen O’Connor LLP
Materials
Virtual Mediation Tips and Guidelines
Participant Virtual Mediation Guide 03.19.20 v3
Scheinman Arbitration and Mediation Services
Video - June 30, 2020 – The College is Going Virtual: Best Practices for Remote Labor & Employment Depositions
Although depositions were conducted remotely on fairly rare occasions pre-pandemic, remote depositions are being conducted with increasing frequency during the pandemic and are likely to remain more prevalent in the “new normal” after social-distancing precautions end. U.S. Legal Support, one of the vendors that provides not only court reporters but also the technology to conduct remote depositions, began this webinar with a demonstration of how it runs such depositions. Following this demo, Fellow presenters from both the employee/union and management perspectives addressed the laws, rules, and procedures that apply to remote depositions and discussed their personal experiences in navigating the practical challenges posed by conducting remote depositions to ensure effective, efficient, and ethical results.
Moderator – Loren Gesinsky, Partner | Seyfarth Shaw LLP
Speakers –
- Greg Cassin, Director of Operations, Trial Technology | U.S. Legal Support
- Melissa S. Woods, Partner | Cohen Weiss and Simon LLP
- Douglas Evans Dexter, Partner | Farella Braun + Martel LLP
Materials
Supplement To Remote Deposition Presentation
College Presentation PPT Slides
Video - February 7-8, 2020 – 2020 REGIONAL PROGRAM OF THE 4TH, 5TH AND 11TH CIRCUITS
The Regional program of the 4th, 5th and 11th Circuits was a joint College event on February 7-8, 2020 in St. Petersburg, FL, featuring discussions on topics of national interest. Four superb panels were assembled to address current topics.
Special thanks to the sponsoring firms: Bradley Arant, Burr & Forman LLP; Constangy, Brooks, Smith & Prophete, LLP; GrayRobinson PA, Jackson Lewis, Ogletree Deakins; Rod Tanner & Associates and Steptoe & Johnson PLLC!
Civility and Professionalism in the Courtroom
Three esteemed federal judges offered their thoughts and insights into practical topics such as how to be an effective advocate before the court, the difference between appellate and jury argument, the importance of preparedness, making the most of oral argument, and fidelity to the appellate record.
Speakers:
Honorable J. Michelle Childs – US District Court, District of South Carolina
Honorable James E. Graves, Jr. – US 5th Circuit Court of Appeals
Honorable Charles R. Wilson – US 11th Circuit Court of Appeals
Stetson Journal of Advocacy and the Law - Allen_2019
PRINCIPLES OF CIVILITY
CLEL 2020 Civility and Professionalism
VideoThe View from the Hill: A Legislative Update
Panelists discussed and debated pending proposals in Congress, including the Protecting the Right to Organize (PRO) Act, and talked about their prospects for adoption.
Speakers:
Fellow Randal K. Johnson (Seyfarth Shaw, Washington, DC)
Lynn Rhinehart (Economic Policy Institute, Washington, DC)
Handouts for Session on The View From the Hill
PRO ACT - Fact Sheet
Statement of L. Lorber
2020-02 College of Labor and Employment Lawyers_ Capitol Hill Update(61498529v1)
VideoThe NLRB in 2020
The National Labor Relations Board continued to experience change in 2019, as Peter B. Robb succeeded Richard F. Griffin for a four-year term as General Counsel which began on November 17, 2017. Mr. Robb provided his observations on the significant issues he has brought to the Board or may bring in the future.
Speaker:
Peter Robb (General Counsel, National Labor Relations Board, Washington, DC)
Advice Memo ADC LTD
Advice Memo Greektown Casino
GC Memo 18-04 Guidance on Handbook Rules Post_Boeing.pdf
GC Memo 19-03 Dubo Deferral
GC Memo 19-04 Unions' Duty to Properly Notify Employees of their General Motors & Beck Rights and Dues Checkoff Revocations
NLRB Decision Apogee
NLRB Decision Boeing (Unit)
NLRB Decision Caesars
NLRB Decision Electrolux
NLRB Decision General Motors
NLRB Decision Johnson Controls, No. 10-CA-151843
NLRB Decision SuperShuttle
NLRB Decision UPMC
NLRB Decision Walmart (Boeing Interpretation, Union Insignia)
NLRB Decision Walmart (Intermittent Strikes)
NLRB Decision, UPS
NLRB Decision, Valley Hosp
VideoThe Intersection of Employment Law and Criminal Law
Practitioners provided guidance on how to identify and handle employee and employer criminal activity in the workplace, such as claims of employee theft or embezzlement, employees viewing pornography on employer’s devices and employer’s illegal activity such as fraud on the government, and focused on best practices and ethical considerations for addressing these issues.
Speakers:
Fellow Cynthia Sass (Sass Law Firm, Tampa, FL)
A. Brian Albritton (Phelps Dunbar, Tampa, FL)
Jo Ann Palchak (The Law Office of Jo Ann Palchak, PA, Tampa, FL)
Jason Pill (Phelps Dunbar, Tampa, FL)
Upjohn Company v. United States 449 U.S. 383 101 S.Ct. 677 66 L.Ed.2d 584 (1981)
Intersction of Employment Law and Criminal Law PPT
Video