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January 31, 2024

The Section

And We're Off!

It is the start of the Midwinter Meeting season! This year it could not have come soon enough, as we all need a break from the winter weather. The Midwinter Meeting agendas all present interesting and timely subjects that should prompt our Section members to take a trip to a warmer climate and earn CLE.

As I write this column, I am attending the State and Local Government Committee meeting where I am listening to very knowledgeable Section members discuss the challenges of representing both labor and management in our public schools, police departments, fire departments, and other public service agencies. The presentations highlight the challenges labor and employment lawyers face while representing teachers, police, firefighters and other public sector employees during a time of both politically and socially charged issues in our communities. Should our public workers be denied leave periods? Which employee social media posts are subject to discipline?

Agendas for other upcoming Midwinter Meetings also pose challenging questions for practitioners:

  • The Reach of Bostock v. Clayton County, Georgia and Dobbs v. Jackson Women’s Health Organization (Employee Benefits Committee)
  • Who is Exempt Under Section 1 of the FAA? (Federal Labor Standards Legislation Committee)
  • When are Cards (K)enough? Voluntary Recognition and Union Organizing Campaigns (Committee on Development of the Law Under the NLRA)
  • How to Thryv in NLRB Settlement and Compliance (Committee on Practice and Procedure under the NLRA)
  • It’s a Global Workforce: Employer International Health and Safety Obligations (Workplace and Occupational Safety and Health Law Committee)
  • Whistle While You Work: A Review of Federal and State Laws Restricting Confidentiality and Non-Disparagement Policies and Contract Provisions (Employment Rights and Responsibilities Committee)
  • LGBTQ+ Rights Under Attack: Assessing the Effects of the Supreme Court’s Decision in 303 Creative (Equal Employment Opportunity Committee)

Well, that’s a small picture of the discussions for the 2024 Midwinter Meeting season. In short, we in the Section of Labor and Employment Law have an abundance of opportunities to learn from experts and government leaders on new legal developments. Congratulations to the members of all programing committees for constructing compelling agendas and wonderful social opportunities. I look forward to seeing many of you during the Section’s Midwinter Meeting season.

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Denise M. Clark

Founder

Denise M. Clark is the founder of the Clark Law Group, PLLC, in Washington, D.C. She is Chair of the ABA Section of Labor and Employment Law for the 2023-2024 bar year. Denise's practice is focused on litigation in the areas of disability discrimination, retaliation under several employment statutes, and ERISA pension and disability claims.