LEL Flash | Issue: October 2013

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Issue: October 2013

Feature

Conference Program Highlights

The Annual Section Conference has a curriculum that covers a full range of labor and employment law topics. Below are programs of special interest to attendees:

ADR

Arbitration and mediation raise unique challenges for litigators and labor lawyers, and are becoming more commonly required or desired. Join us for three panels that explore some of the newest trends in mediation and arbitration.

Issues and Ethics of Med-Arb explores a dispute resolution technique in which the parties agree to mediation before a neutral, with the agreement that if mediation fails the mediator will take the role of arbitrator and issue a final and binding resolution. Explore the strategic and ethical issues that arise when the neutral switches hats to resolve a dispute.

Arbitration of class and collective actions raise unique procedural issues, and the landscape is changing quickly. This panel will explore recent developments and the thicket of issues, including notice, court supervision and settlement.

Finally, in the aftermath of Pyett v. Penn Plaza, traditional labor arbitrations more often include claims of employment discrimination. This panel will be helpful to both labor practitioners and employment litigators who find they are navigating these hybrid arbitrations.

International Law

The International Law programs highlight significant developments that are presently occurring and that may be on the horizon for American employers. "Latin America on the Rise" will compare labor and employment law reforms that have taken root in China and Latin America, and panelist will debate whether employer-friendly reforms in Brazil and Mexico make Latin America a more attractive labor market for multinational companies. "International Perspectives on Managing the Risks of Alternate Workforces" will be the topic of a second program as panelists discuss how certain countries have responded to the expanded use of contract staff as companies look to cut costs. The third program will ask panelists to look into the future and predict whether international framework agreements (IFAs) between multinational companies and global union federations will be embraced by North American employers and unions as a way of setting workplace standards for the treatment of employees.

Immigration

The three Immigration panels will explore cutting-edge issues that arise for employers and workers in the areas of immigration reform and workplace protections for immigrants. The "Comprehensive Immigration Reform" program will feature a discussion of several hot-button questions that loom in our national discussion of reforming the immigration system, including pitfalls and opportunities for employers and workers who take advantage of legalization, implications for enforcement, and expected positions of the EEOC and other government agencies in dealing with immigration reform issues. Panelists on "The National Labor Relations Board's Entry into Immigration Issues" program will address protections and rights available to undocumented workers who engage in concerted activity under Section 7 of the National Labor Relations Act, and will give special attention to procedural and substantive challenges that arise at the intersection of labor and immigration laws. The third program, "Causes of Action for Workplace Abuse of Immigrant Workers," will expand the discussion of workplace protections for immigrants by looking at civil and administrative claims that can be pursued to remedy harms that are unique to the status of immigrant workers, including temporary foreign workers, workers with or without authorization, and trafficked workers.

Contents

Opening Page

Flash Co-Chairs:
Jeremy J Glenn, Meckler Bulger et al | Elana Hollo, National Labor Relations Board | Katherine Huibonhoa, Paul Hastings LLP | Amy F. Shulman, Broach & Stulberg LLP

American Bar Association Section of Labor and Employment Law
321 N Clark | Chicago, IL 60654 | (312) 988-5813