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76th Annual Conference on Labor and Employment Law (Day 2, Panel 6)

76th NYU Annual Conference on Labor & Employment Law: Challenges & Opportunities Day 2 – THURSDAY, MAY 23, 2024 8:45 Breakfast & Registration 8:55 Introduction by Prof. Samuel Estreicher (NYU Law) Morning Session Moderator: Steven Swirsky (Epstein, Becker & Green) 9:00 AI Developments in the US Workplace: US and EU Structures More companies are rolling out artificial intelligence (AI) programs following ChatGPT, and governance regulations are beginning to emerge. Employers and employees need to learn about the new information technology and what are the discrimination and legal issues lurking behind the development and use of the technology. Speakers: Erin Connell (Orrick), Prof. Julia Stoyanovich (NYU Tandon School of Engineering, Center for Data Science, Center for Responsible AI). Commentator: Adam Klein (Outten Golden) 10:00 Professional Responsibility: Developing Issues For Lawyer’s Use of AI and Protecting against Cybersecurity Threats As more lawyers leverage the tools of AI in garnering efficiencies for clients, what are the professional responsibility issues in employing these new tools? What professional obligations do lawyers have in staying on top of developing technology in order to, say, protect privileged information? Speakers: Zachary Fasman (NYU Law, Michigan Law), Victoria Lipnic (Resolution Economics, fmr. EEOC Chair), Prof. Tyler Maulsby (NYU Law; Frankfurt, Kurnit) 11:00-12:30pm Labor Rising and Challenges Union victories in NLRB elections, changing public acceptance of unions, record number of 10(j) applications, long, successful strikes in the automobile and film industries– all indications of labor on the rise. This session will explore challenges to NLRB authority from Space X, to the standard for Section 10(j) relief in Starbucks v. McKinney in the Supreme Court, and to employer discovery of rank-and-file employee view in the Leslie v. Starbucks in the 2nd Circuit. The session will also explore challenges for employers arising from the Board’s embrace of Joy Silk-type bargaining orders in Cemex; as well as NLRB rulemaking on joint employers, and DOL rulemaking on independent contractors, and state law conditioning subsidies on contractors not agreeing to card-check for union authorization. Part I: 11:00am Court Challenges to 10(j) relief; Collective Bargaining Developments Speakers: Matthew Ginsburg '05 (General Counsel, AFL-CIO), Peter Rawlings (NYU Law), and Paul Salvatore (Proskauer) Part II: 11:50am NLRB and DOL Developments: Who is an Employer? Who is an Employee? Speaker: Michael Gray (Jones Day), Jonathan F. Harris (Loyola Law) Commentator: Wilma Liebman (fmr. NLRB chair; NYU Law) 12:30 Lunch 12:45 Luncheon Keynote: NLRB Chair Lauren McFerran Introduction by Patrick Shea (Paul Hastings) Afternoon Session Moderator: Mark D. Risk '84 (Mark Risk P.C.) 1:40 Federal Legislative & Regulatory Developments This session will provide an overview of executive and legislative developments in labor and employment law. Speakers: Matthew Ginsburg '05 (General Counsel, AFL-CIO) and Roger King (HR Policy Association) Commentator: Raymond Nardo '90 (Raymond Nardo, P.C.) 2:40 Arbitration Developments and Skills 2:40pm Part I- “Mass” Arbitration The Supreme Court’s decisions in Wall-Mart and Epic Systems have generated a spate of ‘copycat” claims testing the value to employers of class-action waiver clauses, and raising a new for greater coordination by arbitration providers of these factually-related claims. Some consideration may also be given to issue preclusion in arbitration. Speakers: Keri Engelman (Morgan Lewis) and Joseph Sellers (Cohen Milstein) Commentator: Stephen Sonnenberg (JAMS) 3:25pm Part II- Arbitration Provider Policies and Procedures Enhancing employee-friendly arbitration procedures; examining recent empirical work on employment arbitration fairness. Speakers: Troy Kessler (Kessler Matura), Eric P. Tuchmann (American Arbitration Association) Commentator: Prof. David Sherwyn (Cornell Center for Innovative Hospitality Labor & Employment Relations) 4:15-4:40pm Concluding Remarks: How Labor and Employment Lawyers can Improve Access to Civil Justice Brief remarks and proposals on helping pro-se parties and employment law NGOs select an arbitrator or mediator, and on how to make low- or no-cost initial employment law assessment of claims or defenses more accessible. Speaker: Prof. Samuel Estreicher (NYU Law)