NYU 68th Annual Conference on Labor

NYU 68th Annual Conference on Labor - June 4-5, 2015

WHO IS AN EMPLOYEE? AND WHO IS THE EMPLOYER?
IN RECOGNITION OF THE 80TH ANNIVERSARY OF THE NLRA

America's oldest continuing forum for practitioners, government officials and academics exploring current issues of labor and employment law.

This event is now fully subscribed, and registration has closed.

If you would like to be added to our waiting list, please send an email with the words "68th Conference Waiting List" in the Subject line and the
name and organization of the person to be registered in the Body
to labor.center@nyu.edu, and we will notify you as soon as a space opens.

NYU Center for Labor and Employment Law
Samuel Estreicher, Faculty Director

Cosponsored with
Cornell University School of Industrial and Labor Relations
and
St. John’s University School of Law

All sessions will be held in Greenberg Lounge, Vanderbilt Hall, NYU School of Law, 40 Washington Square South, New York, NY.

The NYU Center for Labor and Employment Law is pleased to invite you to attend the NYU 68th Annual Conference on Labor, held at NYU School of Law on Thursday-Friday, June 4-5, 2015. The 2015 Conference explores the central issues of labor and employment law - Who is an employee? and Who is the employer? The NLRB General Counsel's complaints against McDonald's raises the question of when are firms "joint employers" of the same group of workers, which also arises under the civil rights law. Other cutting-edge issues include: When can companies classify service providers as independent contractors? In view of the Northwestern Univ. case, when must student athletes be treated as employees? When must owners like partners be classified as employees? Can individuals work without pay as interns or volunteers? What new forms of worker organization are cropping up? What is the "raise the minimum wage" campaign about? How are these issues treated abroad? Speakers include:

Hon. Richard F. Griffin, Jr., General Counsel, National Labor Relations Board
Hon. Kent Y. Hirozawa, Member, National Labor Relations Board
Hon. Philip A. Miscimarra, Member, National Labor Relations Board
Dr. David Weil, Administrator, Wage and Hour Division, United States Department of Labor

THURSDAY, JUNE 4

8:30-8:45 WELCOME

Samuel Estreicher (NYU Law)

8:45-9:15 KEYNOTE ADDRESS
Hon. Richard F. Griffin, Jr. (General Counsel, NLRB)

Introduction by James G. Paulsen (Regional Director, Region 29, NLRB)

Morning Moderator: G. Peter Clark (Kauff McGuire & Margolis LLP)

9:15-10:45 JOINT EMPLOYERS

Moderator: Jonathan Donnellan (Hearst Corporation)

Joint Employers Under the NLRA
Marshall B. Babson (Seyfarth Shaw LLP)

Commentator: William Anspach (Friedman & Anspach)

Joint Employers Under Employment Law
Zachary Fasman (Proskauer Rose LLP)

Commentators:
Charlotte S. Alexander (Georgia State Univ. Law & Business)
Nora Curtin (EEOC, N.Y. District Office)

Other Theories of Franchisor Liability
Geoffrey Mort (Kraus & Zuchlewski LLP)

Commentator: David Sherwyn (Cornell Univ. Hotel)

10:45-11:00 BREAK

11:00 -12:30 EMPLOYEES VS. INDEPENDENT CONTRACTORS

Moderator: Erika Ozer (Swiss Re)

The Restatement of Employment Law’s “Entrepreneurial Control” Test
Michael C. Harper (Boston Law)

Commentators
Laurence Gold (Bredhoff & Kaiser, PLLC)
Mark D. Risk (Mark Risk P.C.)

The On-Demand Workforce
Arun Sundararajan (NYU Stern School of Business)

12:30-2:00 LUNCH
Hon. Kent Hirozawa (Member, NLRB)

Introduction by Irwin Bluestein (Meyer, Suozzi, English & Klein, P.C.)

Afternoon Moderator: Holly H. Weiss (Schulte Roth & Zabel LLP)

2:00-3:45 PARTNERS, STUDENTS, INTERNS, AND VOLUNTEERS

Partners as Employees?
John D. Giansello (Orrick, Herrington & Sutcliffe LLP)

College Athletes as Employees?
Anne M. Lofaso (West Va. Univ. Law)

Commentators
Jeremiah Collins (Bredhoff & Kaiser, PLLC)
Howard Z. Robbins (Proskauer Rose LLP)

Interns and Volunteers as Employees?
Justin M. Swartz (Outten & Golden LLP)
Commentator: Christopher A. Parlo (Morgan, Lewis & Bockius LLP)

3:45-4:00 BREAK

4:00-5:00 INTERNATIONAL PERSPECTIVES

Moderator: Shlomit Yanisky Ravid (Yale Law; ONO Law, Israel)

Classification Issues Abroad
Donald Dowling (K&L Gates LLP)

Classification Issues in Germany
Daniel Hund (Beiten Burkhardt)

FRIDAY, JUNE 5

8:45-10:00 KEYNOTE ADDRESS
Dr. David Weil (Administrator, Wage-Hour Division, Department of Labor)

Introduction by Laurie Berke-Weiss (Berke-Weiss Law PLLC)

10:15-12:15 NEW FORMS OF WORKER ORGANIZATION

Moderator: Larry Cary (Cary Kane LLP)

Worker Centers
Prof. Kate Griffith (Cornell Univ. ILR)

Commentators:
Daniel Clifton (Lewis Clifton & Nikolaidis, P.C.)
Jennifer Gordon (Fordham Univ. Law)
Dennis Lalli (Bond, Schoeneck & King PLLC)

“Independent Contractor” Organizations
Matthew Bodie (Saint Louis Univ. Law)
Sara Ziff (Model Alliance)

The Raise the Minimum Wage Campaign
Jennifer Hunter (Assoc. General Counsel, SEIU)

12:15-2:00 LUNCH
Hon. Philip Miscimarra (Member, NLRB)

Introduction by Karen Fernbach (Regional Director, Region 2, NLRB)

2:00-3:30 PROFESSIONAL RESPONSIBILITY ISSUES

Moderator: Rhonda J. Moll (MTA Metro-North R.R.)

Rule 4.2 Issues (including Agency Bypassing Corporate Counsel)
Theodore O. Rogers, Jr. (Sullivan & Cromwell LLP)

Ethical Issues for In-House Counsel
Andrew Herzig (Kauff McGuire & Margolis LLP; Former Director of Labor Relations, NBCUniversal)

The general registration fee for the Conference is $700 per person (or $350 to attend one day only); two or more persons from the same organization may register for $500 each for both days.

A special registration fee of $200 per day is available for government employees and employees of public interest organizations and labor unions.

***Register before April 24th and receive a 15% discount (use discount code: LC15). Register on or after April 24th and before May 8th and receive a 10% discount (use discount code LC10).

This event is seeking approval for New York State CLE credit. If approved, it will be appropriate for both experienced and newly admitted attorneys. In the past, this program has received 12.5 hours of CLE credit, including 1.5 hours of ethics/professionalism.

*Refunds will be granted only for cancellations made on or before May 28, 2015. A charge of 3% will be deducted from the amount initially charged.

NYU School of Law is committed to the availability of quality affordable continuing legal education programs to its alumni community and members of the bar-at-large. Consequently, the fees charged by the School of Law for CLE programs reflect this commitment. All financial hardship requests for waived or reduced fees for NYU School of Law-sponsored CLE programs must be made in writing and contain a brief statement (no more than one page) of the economic hardship status and recent employment history (private law firm, not-for-profit, public or government service); and any pertinent financial circumstances that reflect the applicant's financial burden and need. All requests made in accordance with these guidelines shall be kept confidential. Written requests for relief will be reviewed by the individual CLE event's coordinator and the director of professional skills training. Applicants will be informed of a decision in a timely manner in advance of the date on which the program is scheduled.

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