LEL Flash | Issue: April 2017

FLASH header

Flash Co-Chairs: Esther Lander, Akin Gump LLP, Employer | John Ho, Cozen O'Connor, Employer | Lisa M. Gomez, Cohen Weiss and Simon LLP, Union & Employee
Jennifer L. Liu, Liu Law PC, Employee | John Henderson, U.S. EEO Commission, Employee


Issue: February 2018

Chair’s Column:

Don Slesnick

First and foremost, let me offer best wishes to each of you that 2018 is off to a healthy, happy start. Your Section leadership and staff are diligently working to insure that we are prepared to offer you multiple opportunities for education, networking and service to the profession that will help make your year productive and profitable.

Hopefully, you were able to attend the 11th Annual Section Conference in our Nation’s Capital this past November. Over 1200 attendees were offered over 60 sessions of continuing legal education, exceptionally entertaining receptions for networking and relaxation, brown-bag lunches at the offices of several federal agencies which impact our practice on a day-to-day basis and luncheons focused on diversity and community outreach. A special, early-morning “values” learning track was offered to packed classrooms focusing on mindfulness, practical wisdom and resiliency. All-in-all it was a gathering not to be missed. The additional good news is that the 12th Annual Conference scheduled for November 2018 in San Francisco is already being planned.

Now it is on the road to the myriad of Standing Committee Midwinter Meetings. Check the schedule of meetings in this copy of the FLASH, which – provide opportunities - in many different locations from San Juan to Coronado - for professional and personal growth.

Please don’t hesitate to offer me any suggestions that you might have for future Section programs or projects.

Best wishes,
Don Slesnick

Your Section FLASH

On behalf the E-Newsletter Committee we encourage Section members who would like to write an article for the Flash to contact any one of the co-chairs listed below with ideas and/or interests so that we can find a suitable topic for you. As a reminder, the Flash is emailed to our approximately 20,000 Section members and is a great way to gain some national visibility. The articles are generally intended to be a concise and balanced discussion about timely labor and employment issues. We invite you to review some of our archived articles for ideas which are accessible at https://www.americanbar.org/groups/labor_law/publications/flash_archive.html. However, articles are not necessarily limited to substantive legal issues. For example, we would welcome an article on a new legal technology you have been using or similar topic of general interest to our Section.

We look forward to hearing from you this year and if you see any of us at the mid-winter meetings, please come and say hello!

Lisa Gomez lgomez@cwsny.com
John Henderson john.henderson@eeoc.gov
John Ho jho@cozen.com
Michael Subit msubit@frankfreed.com
Julius Turman jturman@constangy.com

Midwinter Meeting Season is Here!

The Section’s Midwinter Meeting season is underway. The Standing Committee Midwinter Meetings provide an excellent opportunity to network with and learn from experts in specific areas of labor and employment law. Register today for a Midwinter Meeting!

February 25-28
Committee on Development of the Law Under the NLRARegister Now
February 27-
March 2
Committee on Practice & Procedure Under the NLRARegister Now
February 27- March 2
Occupational Safety and Health Law CommitteeRegister Now
March 1-3
Workers’ Compensation Committee Midwinter Seminar & Conference (Cosponsored by the ABA Tort Trial and Insurance Practice Section)Register Now
March 7-9
Railway & Airline Labor Law CommitteeRegister Now
March 14-17
National Conference on Equal Employment Opportunity Law (Presented by the Equal Employment Opportunity Committee)Register Now
March 20-24
Employment Rights & Responsibilities CommitteeRegister Now
March 22-24
Ethics & Professional Responsibility CommitteeRegister Now
April 11-13
National Symposium on Technology in Labor & Employment Law (Presented by the Technology in the Practice & Workplace Committee)Register Now
May 6-10
International Labor & Employment Law Committee Midyear Meeting
Register Now

[ more ]

Law Student Trial Competition

Hon. Bernice B. Donald poses with the winning team members from St. Thomas University and their coaches.

The National Final of the ABA Labor and Employment Law Student Trial Advocacy Competition was conducted in New Orleans, Louisiana on January 27 and 28. Winning teams from the six regional competitions, which were held in October and November 2017, came together to try a labor and employment law-focused case regarding religious discrimination in the workplace.

77 teams participated in regional competitions conducted in Dallas, Miami, Chicago, Los Angeles, New York and Washington, DC. Winning teams in those regions came from the following schools:

Dallas – Southern Methodist University Dedman School of Law
Miami – Saint Thomas University School of Law
Chicago – Northwestern University Pritzker School of Law
Los Angeles – University of California, Hastings College of the Law
New York – Harvard Law School
Washington, DC – William & Mary Law School

After a three preliminary rounds, teams from St. Thomas and University of California advanced to the final round, which St. Thomas won. The Competition was designed to provide an introduction to the practice of labor and employment law to law students.

The Competition is made possible by the efforts of our dedicated Section members, including the Competition’s Co-Chairs, Maureen Binetti, Alisa Arnoff and Jim Casey along with Howard Shapiro and Matt McCluer who chaired the rounds in New Orleans. We were also very honored to have Judge Bernice Donald preside over the final round and Judge Nanette Brown judge a semi-final round.

Plans are already underway for the 15th Annual Competition. To learn how you can become involved, contact the Section office at laborempllaw@americanbar.org.

Member Spotlight

Section Spotlight

Member Spotlight: Michael C. Subit

I am a partner at Frank Freed Subit & Thomas in Seattle. This year I am celebrating my first quarter century of representing workers. I became active in the ABA Section of Labor and Employment Law in 2000. I have served as both an employee co-chair and as a union co-chair of the EEO Committee. I also spent three years as an employee co-chair for the Section Conference.

Tell us about your practice

About 2/3 of my practice involves representing employees directly and 1/3 representing unions, mostly in the public sector. One of the things that keeps me engaged after 25 years is the wide range of issues and individuals that come my way. My cases include discrimination & harassment, wage & hour, First Amendment issues, and non-competes. While most of my cases involve individuals, I also litigate class actions. My clients range from high-level executives to low-wage workers. I have an active appellate practice but also enjoy jury trials.

What motivated you to become an employment lawyer?

I went to law school to be a civil rights lawyer. I worked as an ACLU attorney for a year but after my federal clerkships I joined a small plaintiffs’ employment firm in Washington DC. I soon realized I was cut out to be an employment lawyer. Work is central to how many of us define who we are, so I decided to devote my career to making workplaces fairer and more equal.

What is your favorite way to spend your spare time?

Spending time with my wife, Leslie Hagin, who is also a plaintiffs’ employment lawyer. Fortunately, we have the same out-of-work interests too. We don’t have kids and are able to take advantage of the wide-range of cultural, gastronomical, and recreational attractions Seattle has to offer. We also enjoy long road-trips, but those are hard to coordinate with two busy law practices.

What is your favorite book (or movie or TV show, or series, or blog)?

We spend so much of our workdays reading that at home we usually watch TV or listen to music. We watch mostly non-fiction TV, such as sports and documentaries. I’ve been a science fiction fan all my life, and have seen nearly every Doctor Who episode aired since 1963.

Connect with the Section--Write for the FLASH!

The ABA Labor and Employment Section's FLASH is a monthly electronic publication sent to all Section members that provides members with a concise update via email about Section activities and developments in our area of practice. A dedicated group of Section members serve as co-chairs of the LEL FLASH, and they welcome articles from Section members on substantive issues for publication in the FLASH. If you have an idea for a proposed article, please please contact the Section office at laborempllaw@americanbar.org. Alternatively, please feel free to contact any of the FLASH co-chairs listed above. We welcome your input!



Updates Available Now!

[Webinar] Not Business As Usual – Keeping Up With the Trump Administration’s Shifting Immigration Policy

February 28, 2018

Since President Trump has taken office, his administration has issued a number of immigration-related executive orders and made requests to congress for immigration-related legislation. While most media outlets and analysts are focused on what could happen to those in the United States without status, the Trump administration’s immigration policy could also lead to significant immigration-related impacts to businesses and their workers. None of these decisions speaks louder than the recent decision to end the DACA in Spring 2018.

This webinar will discuss how the new administration’s immigration policy will impact your clients and help separate fact and myth. In addition, a special focus will be placed on what employers and employees should do in the event of an immigration raid and how best to handle the end of DACA from a policy and I-9 compliance perspective.

The Uniformed Services Employment and Reemployment Rights Act, Second Edition

The Second Edition provides a comprehensive analysis of USERRA, and discusses the complicated issues involved with its application and enforcement. Highlights covered include: coverage of all relevant USERRA decisions since 2009; leave entitlements and requests; review of all relevant reinstatement cases affecting employers; issues of leave scheduling and notice requirements; pay and benefits when employee takes a leave of absence; benefits that a returning employee is entitled to receive; application of the “motivating factor” test for discrimination and retaliation; remedies and enforcement mechanisms; USERRA’s relationship with other statutes; and analysis of all USERRA amendments that impact employers and employees.

International Labor and Employment Laws, Fourth Edition, Volumes IA and IB, Fall 2017 Cumulative Supplement

Providing vital information about labor and employment laws in the world’s major economies, the Fourth Edition has been updated with a Fall 2017 Cumulative Supplement, bringing it current through the end of 2016. Representative highlights include a summary of the main developments in EU law during the period 2014 to 2016; a clarification in Germany regarding employers’ obligations in protecting employees from tobacco smoke; the passage of a Cybersecurity Law in China, and a National Living Wage in the United Kingdom.

International Labor and Employment Laws, Fourth Edition, Volumes IIA and IIB, 2017 Cumulative Supplement

The 2017 Cumulative Supplement updates the main volume with highlights including Austria’s enactment of the Family Time Bonus Act, affecting parents in same-sex relationships; Chile’s adoption of the Labor Modernization Law; a new chapter on Costa Rican labor law; Indonesia’s new regulation changing the method for determining the minimum wage by region; the Netherlands’ enactment of the new Assessment of Employment Relationships Act; multiple amendments to Poland’s Labor Code\Russia’s amendments to the Code on Administrative Offenses, and Taiwan’s amendments to its Labor Standards Act.

Access fully integrated Labor & Employment resources on Bloomberg Law

The Labor & Employment Practice Center on Bloomberg Law® offers fully integrated analysis, commentary, practice tools, news, case law, and other primary sources to give you a comprehensive, nuanced understanding of critical issues in specific labor and employment practice areas: employment law, labor law, government employees, immigration law, executive compensation, and trade secrets law. Bloomberg Law® makes it easy to search arbitration decisions, dockets, and cases, and stay on top of the latest industry issues with unlimited access to the acclaimed Daily Labor Report® and more than 50 treatises including Covenants Not to Compete: A State-by-State Survey and Elkouri & Elkouri: How Arbitration Works.

Request your trial today.

Be sure to check ABA Journal of Labor and Employment Law and Labor and Employment Law News archives for more news and reports. The current issue is always on top.

For past issues of LEL FLASH, check our online archives.



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