Employment Law Institute 2024
Hosted by Practising Law Institute
Location, or Event type: PLI New York, NYC
Employment Law Institute 2024
Workshop, Hosted By Practising Law Institute
Tuesday, October 15, 2024 - 9:00 AM - Wednesday, October 16, 2024 - 5:00 PM
Overview
Why You Should Attend
This two-day event offers a comprehensive review of case law and regulatory developments, an in-depth analysis of emerging issues, and expert recommendations for best practices, designed to maximize employment law compliance, mitigate legal risk and achieve business objectives. The faculty is composed of nationally recognized management, union and plaintiffs’ attorneys, in-house counsel, judges and government enforcement agency representatives who share their perspectives, insights, and experiences.
What You Will Learn
After attending this program, participants will be able to:
- Hear from seasoned settlement experts, including a federal Magistrate Judge and a New York state court judge, as well as experienced neutrals, regarding the most successful strategies for overcoming barriers and effectively settling even the toughest employment disputes.
- Analyze important federal and state case law and regulatory developments of the past year
- Understand the legal requirements and best practices for the use of artificial intelligence tools in the employment context
- Evaluate the benefits and risks of new employee surveillance technology
- Assess emerging privacy protections for employees
- Understand the impact of the post-affirmative action environment and how employers can and should think about and define “DEI” today
- Identify and discuss need to know 2024 wage and hour developments
- Summarize best practices for conducting effective investigations in public and private sector workplaces
- Incorporate best practices for addressing difficult leaves of absence and workplace accommodation questions, especially those involving mental health impairments
- Review equal pay and pay equity developments in 2024
- Explore the protections for different types of employee speech in the private and public sector workplaces, and understand the nuances surrounding when employers may regulate employee speech
- Hear from seasoned settlement experts, including a federal Magistrate Judge and a New York state court judge, as well as experienced neutrals, regarding the most successful strategies for overcoming barriers and effectively settling even the toughest employment disputes
- Analyze a number of unique gender issues present in 2024
- Recognize and evaluate a variety of ethical issues, including those posed by untrustworthy clients, the use of artificial intelligence tools, attorney mistakes, and the unique challenges in preparing witnesses
Who Should Attend
This program is designed for private practitioners, in-house counsel, and human resources and other business professionals who seek an in-depth analysis and discussion of best practices surrounding many rapidly evolving issues arising in the employment law arena.
Special Features
- Earn up to one full hour Ethics credit
- Transitional credit available, including up to 1.5 hours of Professional Skills credit
Program Level: Overview.
Prerequisites: An interest in receiving an in depth analysis of evolving issues arising in employment law.
Advanced Preparation: None.
Topics
Industries
Schedule & Location
- Oct 15, 2024
- Oct 16, 2024
9:00 AM EDT
Opening Remarks
9:15 AM EDT
Conducting Effective Workplace Investigations in 2024
This panel will explore a number of unique challenges and sophisticated strategies for planning and conducting workplace investigations. After attending this panel, participants will be able to:
- Determine how best to define the scope of an investigation, including which and how many witnesses should be interviewed and in what order, whether to interview former employees, whether to cloak the investigation in the attorney-client privilege, and the pros and cons of doing so
- Understand special considerations for public sector investigations
- Analyze unique and challenging issues that pop up in some investigations such as a witness or target who demands to have counsel or another representative present, investigating an anonymous complaint, dealing with a target who is talking to potential witnesses, and whether to admonish witnesses not to discuss the investigation with other colleagues
- Assess when o place an employee on an administrative leave during the pendency of the investigation
- Evaluate the pros and cons of creating a detailed written report
Skills credit for NY Attorneys
CFE Field of Study: Fraud
Anne L. Clark, Eric Eichenholz, Keisha-Ann G. Gray
10:45 AM EDT
11:00 AM EDT
Current Issues in Equal Pay/Pay Equity in 2024
This panel will address recent trends in pay equity litigation, legislation and regulatory enforcement. After attending this session, participants will be able to:
- Analyze developments in pay equity litigation, including class actions
- Understand the impact of new state pay equity and pay transparency laws
- Evaluate federal pay equity regulatory initiatives and enforcement
Melissa R. Gold, Jessica A. Moldovan, Christopher B. Wilkinson
12:00 PM EDT
1:15 PM EDT
Retaliation and Whistleblower Claims in 2024
This panel will discuss best practices for preventing and managing retaliation and whistleblower claims in 2024. After attending this panel, participants will be able to:
- Explore legal developments regarding elements of retaliation claims: What is protected activity? When do employees lose protection? What is adverse action?
- Identify best practices to avoid retaliation claims
- Summarize recent developments in corporate whistleblower law
- Discuss state law developments
CFE Field of Study: Fraud
Jonathan Ben-Asher,Kiabi D. Carson,Cheryl A. Sabnis
2:15 PM EDT
Navigating the Changing Legal Landscape for Workplace Diversity, Equity and Inclusion Initiatives
Since the Supreme Court’s affirmative action decision last year, corporate DEI programs have faced scrutiny from those advocating for diversity initiatives and those challenging the legitimacy of DEI programs. After attending this panel, participants will be able to:
- Understand how the legal landscape has changed in the aftermath of the SFFA decision, including the DEI backlash, “reverse” discrimination claims and administrative agency views on DEI
- Assess the impact of the current environment on how employers can and should think about and define “DEI” today
- Consider how employers can continue to advance DEI initiatives within the parameters of the law
- Evaluate best practices to help employers manage internal and external stakeholders and balance the competing pressures in the DEI space
Katrina Baker, Lisa Lupion, Rita Sethi
3:45 PM EDT
4:00 PM EDT
Views From Neutrals: Strategies for Mediating and Settling Employment Disputes
This panel will feature a moderated conversation with seasoned settlement experts regarding key strategies and best practices for overcoming common (and unique) barriers to resolving employment disputes. After attending this panel, participants will be able to:
- Maximize the availability and benefits of court-provided settlement conferences (including leveraging the new NYS Court ADR Rules) and EEOC mediation options, and understand when/how to most effectively utilize each
- Assess the “right time” to mediate your employment dispute for maximum success
- Evaluate the settlement value of your case and the risks of failing to successfully resolve the dispute through mediation
- Identify the key barriers to settlement in your case and explore strategies for overcoming them
- Understand whether and/or when to utilize mediation tools such as a “best and final” demand/offer, a “mediator’s proposal,” and various non-monetary settlement terms and determine how to most effectively make use of them
Skills credit for NY Attorneys
Panel Leader: Robert S. Whitman
Speakers: Hon. Lois Bloom, Hon. James d'Auguste, Robin H. Gise, Chris M. Kwok
