For questions, please contact Jennifer Motley
Phone: (410) 972-4712 or Email: jmotley@laborandemploymentcollege.org
Click here to view the Regional Meeting Papers Archive.
For questions, please contact Jennifer Motley
Phone: (410) 972-4712 or Email: jmotley@laborandemploymentcollege.org
Click here to view the Regional Meeting Papers Archive.
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 –
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
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 – | ||
|
Honorable William Bedsworth, California Court of Appeal for the Fourth District Honorable Fernando Olguin, US District Judge for the Central District of California |
|
|
Marta Fernandez, Esq., Jeffers Mangels Butler & Mitchell, LLP (CA) | |
|
Rene Mochkatel, Esq., Allred Maroko & Goldberg (CA) | |
|
Daniel L. Bonnett, Esq., Martin & Bonnett, PLLC (AZ) | |
|
Jesús E. Quiñonez, Esq., Legal Director, California Teachers’ Association (CA) | |
|
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
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.
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 –
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
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 –
Materials
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 –
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
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 –
Moderator –
Materials
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 –
Panelists –
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
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 –
Materials
2020 EEOC Update Power Point. Below are live links found in the attached Power Point:
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 –
Materials
Virtual Mediation Tips and Guidelines
Participant Virtual Mediation Guide 03.19.20 v3
Scheinman Arbitration and Mediation Services
Video
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 –
Materials
Supplement To Remote Deposition Presentation
College Presentation PPT Slides
Video
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
Video
The 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)
Video
The 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
Video
The 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