76th Annual Conference on Labor and Employment Law (Day 1, Panel 3)

76th NYU Annual Conference on Labor & Employment Law:
Challenges & Opportunities
NYU School of Law, Vanderbilt Hall, Greenberg Lounge 40 Washington Square Park South
Day 1 - WEDNESDAY, May 22, 2024

8:30 Breakfast & Registration
8:55 Welcoming Remarks Faculty Director Samuel Estreicher (NYU Law)
9:05 Morning Keynote Address: Hon. Seema Nanda (US Solicitor of Labor)
Introduction: Mark Brossman '78, LLM '81 (Schulte, Roth & Zabel)
Morning Session Moderator: Tracy Richelle High (Sullivan & Cromwell)
9:55 US Workforce Overview
This session will provide 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)
10:35 Pay Equity & Pay Transparency Law and Skills
Given the new pay equity initiatives at OFCCP and state and local agencies, including pay transparency, this session will look at key issues that arise in class pay-discrimination cases, including class certification and statistical evidence, discovery, job structure and practical skills for avoiding inconsistencies and managing risk.
Speakers: Joy Chin (Jackson Lewis), Katey E. Foster, Ph.D. (APTMetrics), Kate Mueting (Sanford Heisler)
Commentator: Prof. Miriam Cherry (St. John's University Law)
11:30 Supreme Court Review: October Term, 2023 & 2024
An update on recent Supreme Court decisions and cases set for oral argument in labor and employment and related areas, including on retaliation and whistleblowers, the First Amendment and social media, and how the protections of Title VII of the Civil Rights Act apply to job transfers involving no change in economic terms, and the scope of FAA “transportation worker” exception. The discussion will also touch upon relevant administrative law developments such as the future of Chevron deference and whether/how the Seventh Amendment jury trial right applies to agency adjudications like the NLRB’s.
Speakers: Prof. Samuel Estreicher (NYU Law) and Robert Long (Covington & Burling)
12:20 Lunch
12:40 Keynote Luncheon Address: Hon. Charlotte Burrows, EEOC Chair
Introduction by Ronald Shechtman '72 (Pryor Cashman)
Afternoon Moderator: Terrance J. Nolan '82 (ADR, and fmr GC NYU)
1:35 Political Speech at Work
From the Israel-Hamas War, to Black Lives Matter, and political polarization at work, this session will address the array of laws that may apply to political activity at work as well as implications on hiring decisions, employee privacy, social media, and issues of retaliation and hostile work environment.
Speakers: Allyson Belovin (Levy & Ratner), Gary Friedman (Seyfarth), and Joshua R. Goodbaum (Garrison Law)
Commentator: Cynthia Estlund (NYU School of Law)
2:30 Religious Bias Claims in the Workplace
How will courts determine sincerity of beliefs held, given the new standards of religious accommodation in light of the Supreme Court decision in Groff v. DeJoy, 600 U.S. 447.
Speakers: Marjorie Mesidor, Attorney-at-Law, Prof. David Sherwyn (Cornell Center for Innovative Hospitality Labor & Employment Relations).
Commentator: Zoe Salzman '07 (Emery Celli)
3:10 Religious Discrimination under Title VI and Title VII
Speakers: Hon. Rory Lancman (Louis D. Brandeis Center)
Commentator: Prof. Samuel Estreicher (NYU Law)
3:20 Future of DEI, Disparate Impact, and EO 11246 After Students for Fair Admissions v. Harvard/UNC
The last decade saw a proliferation of DEI and related programs in schools and in the workplace. A backlash and questioning of DEI, and emerging growth in litigation and claims challenging racial/ethnic group preferences and other “affirmative action” initiatives after SFFA, is possibly spilling over to questions of the future disparate impact and E.O. 11246. This panel will cover practical considerations and risk mitigation for employers and employees.
Speakers: Prof. Michael D. Frakes (Duke Law, NYU Law), Craig Leen (fmr. OFCCP Dir., K&L Gates), Obed Louissaint (Chief People Officer, Aptiv), Hon. Andrea Lucas (EEOC), Prof. Michael Yelnosky (Roger Williams Law School)
Commentator: Amy Traub (BakerHostetler)
Day 1 Concludes 4:40pm.