Employment Law Institute 2024

Christine E. Burke, Esq. & Michael J. Torchia, Esq.
Have you stayed abreast of the recent employment cases during the past year? The Institute will kick off with a spirited point/counterpoint exchange between Christine Burke and Mike Torchia who will examine some of the most interesting and significant employment law cases of the year. You will learn the holdings of the recent cases and take away practical advice on how these changes impact your clients in 2024.

Current Employee Issues (live and virtual)
Stephen G. Console, Esq. & Paul Lantis, Esq.

Workplace Investigations - 2024 Legal Updates and Best Practices
Christina M. Reger, Esq., Keith Black, Esq., Christine E. Nentwig, Esq., Erica DyReyes, Esq.
Join our expert panel for an engaging and interactive discussion of best practices and recent legal developments and trends related to workplace investigations, including the role of the investigator, interview preparation and participation, handling challenging witnesses and special requests, and navigating confidentiality concerns, including the impact of the recent Stericycle case.

Joint Employment - Where are we NOW?
Catherine E. Walters, Esq., Rachel E. King, Esq., Catherine E. Rowe, Esq.
A look at the NLRB’s new Joint Employer rule, plus an examination of how the definitions of “joint employer” and “joint employment” differ depending on the area of law involved, including under the NLRA, Title VII, the FLSA, the FMLA and more. 

The Workplace as a Battlefield in a Cultural War - Ethics (live and virtual)
Jeff Pasek, Esq.
Arguments over racial justice, transgender rights, abortion, religious intolerance, and other political and social issues are becoming the focus of everyday work for labor and employment lawyers.  Governments and private litigants regularly clash in their efforts to promote or constrain diversity and inclusion initiatives.   Corporate environmental, social, and governance (ESG) considerations are giving rise to fiduciary responsibility concerns.  Overlaying all of these issues are legal ethics issues under the Code of Professional Responsibility. 

Understanding the Intersection of Employment Law and Culture: Culture Considerations for Employment Lawyers to Minimize Risk
Christina M. Reger, Esq. & Robyn Forman Pollack, Esq.
Employees want a workplace where they feel valued, respected, heard, and included, and where policies and procedures are fair. Moreover, they want to be free of environments of harassment, discrimination, and retaliation.  It is critical to sustainability, competitive advantage, and enterprise performance that leaders take a proactive, strategic approach to these issues.  Without such an approach, addressing employee and workplace issues can be disruptive, difficult, and time-consuming for an organization internally, not to mention the external impact to enterprise brand. This program addresses the competing priorities and potential legal landmines while balancing the need to focus on culture and diversity, equity, and inclusion.

AI: It’s everything and everywhere, but where is it (and what are the risks of its use) in Employment?
Kevin L. Golden, Esq.
This presentation will provide a brief introduction to AI, including a breakdown of the respective levels of AI learning, discuss where AI is currently being used in the legal profession, and then discuss the use, benefits, and risks of AI in the employment context while examining the current (and sometimes conflicting) federal, state, and local AI related regulations.  The presentation will also discuss the evolution of AI related litigation and the status of several lawsuits filed against companies (either directly or against third party vendors) alleging that the AI platforms are discriminatory.

Paybacks, TRAPs, Clawbacks, and Forfeitures - What Can and Can't be Done (live and virtual)
Thomas D. Rees, Esq. & Jonathan D. Wetchler, Esq.
We all know that employees pursue pay claims against employers, but what about employer claims against employees to recover or forfeit pay?  Can employers recover pay or bonuses from employees?  Can employers force employees to forfeit deferred compensation for violating post-employment restrictions?  Can employers enforce "stay or pay" contracts against former employees (even at-will employees)?  This session will explore this varied and controversial topic, ranging from training repayment agreement provisions (TRAPs), tuition recovery, repayment of signing and stay bonuses, compensation claw-backs for improper conduct (including those in executive agreements), forfeitures for competition, to repayment of draw advances. We'll cover the reasons for the recent rise in employer claims; what courts have permitted and prohibited; and statutory and regulatory limits on (and requirements for) clawbacks and employer claims. 

Sexual Harassment: What It Is, Why It Matters, & What Can We Do About It
Jamie A. Edwards-Pasek, Esq.
We all know that employers are legally required to take actions to prevent, stop, and remedy the effects of sexual harassment in the workplace.  But what exactly is sexual harassment, and what can institutions do to effectively prevent and respond to it?  In this interactive program, we’ll examine what behaviors may constitute harassment, and practice strategies to stop and prevent it.

Does Listening to Hip Hop at Work Create a Hostile Work Environment?
Jeffrey Campolongo, Esq.
In a recent decision, rap music became front and center of a workplace harassment lawsuit. In Stephanie Sharp v. S&S Activewear, LLC the court was tasked with determining whether sexually abusive, violent, and misogynistic music could be considered part of a sex-based hostile work environment under Title VII. A group of employees alleged that their employer permitted sexually graphic and offensive music to be played in its warehouse. The music was audible throughout the warehouse, and it contained the repetitive use of gender-offensive terms such as "bitch" and "c__t." The music featured artists such as Too $hort, Eminem, Lil Wayne, and other rappers.  This program will take a closer look at the music at issue, and the extent to which the playing of the music and other acts of harassment created a sex-based hostile work environment. We will offer practice pointers for employers in similar situations.

“Don’t Speak” - Confidentiality, Severance & Settlement Agreements (live and virtual)
Harold M. Goldner, Esq.  & Megan K. Balne, Esq.
So, you think you have finished the hard part; litigating to a settlement with which both sides are equally miserable. Now how do you "close the deal" by ensuring that the Settlement Agreement accurately reflects the transaction while adequately protecting your client? This session will walk through in detail the important terms and conditions of a settlement agreement, while highlighting recent developments in the law affecting what the parties can and cannot do in their agreements.

Oh My: The Lions, Tigers, and Bears of Non-Compete Clauses
Julianne L. Peck, Esq. & Christopher S. Koller, Esq.
Some significant changes have occurred in a number of states regarding non-solicitation/non-competition agreements.  Practitioners who practice or have clients in other jurisdictions should be aware of the changes and will benefit from a wider view.  We will offer an in-depth look at recent cases and revised statutes in some of the more “problematic” jurisdictions and explore application of the law from a plaintiff and defense perspective. 

The Weaponization of Defamation Claims in Sexual Harassment Situations 
Julie A. Uebler, Esq., Joyce L. Collier, Esq., Liz M. Chacko, Esq., Michael Fortunato, Esq.
This session will provide an overview of recent caselaw relating to defamation claims by accused harassers against individuals who have made workplace sexual harassment complaints, the potential for retaliation claims against those who bring defamation claims against sexual harassment complainants, attempts by accused harassers to sue employers and/or investigators for defamation, and practical tips for reducing the risk of escalating legal exposure for all parties.

The (Un)Foreseeable Employment Law Consequences if the Supreme Court Abandons or Modifies Chevron Deference (live and virtual)
David J. Freedman, Esq., Sharon R. López, Esq., Prof. Tuan Naim Samahon, JD, Hannah Schroer, Esq.
The Supreme Court recently heard oral arguments in two companion cases—Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. These cases seek to overturn the 1984 case of Chevron v. Natural Resources Defense Council, which held that when a federal statute is ambiguous courts should defer to an agency’s interpretation of that law under most circumstances. For the past 40 years, so-called Chevron deference has played an important role in interpreting the mosaic of federal laws that govern the relationship between employees and employers. This session will forecast what would the world of employment law might like if the Court were to abandon or overturn Chevron and the practical effects such on ruling will have on both plaintiff-side and defense-side practices. 

A Primer on Economic Damages and Use of a Financial Expert
Angelica L. Revelant, Esq., CVA & Hon. Craig M. Straw, Esq.
The session will provide an introduction to economic damages in an employment litigation and considerations for use of a financial expert for quantification or consultation purposes.

What's New at the NLRB
Nancy B. Abrams Esq. & Michelle "Micky" Devitt, Esq. 
In the past year the National Labor Relations Board has issued a number of significant decisions and rules including cases that state new standards for determining when work rules violate the Act, when misconduct during Section 7 activity can lead to discharge, limiting confidentiality language in severance and settlement agreements and changing the time table for representation elections.  This section will explore these significant decisions and how the NLRB rulings impact employers whose employees are not unionized.  We will have a representative of the NLRB on the panel who will explain how the new standards have impacted the caseload in the local Region