Labor and Employment Law Developments Under the Trump Adminstration

Originally held on Thursday, January 17, 2019 | 6:00 p.m. – 9:00 p.m.



Program Chair:

Jonathan Rogin
Berger & Webb, LLP

  • When President Trump was elected in November 2016, there was much uncertainly in the labor and employment bar concerning the practical implications of this election result.  This program will address labor and employment law developments during the first two years of President Trump’s first term, by taking a nonpartisan look at a variety of events that will likely impact the practice of labor and employment law.  Areas of focus will include changing Department of Labor and Department of Justice guidance and policy, important decisions by the National Labor Relations Board, certain executive actions and recent decisions from the U.S. Supreme Court.

    OnDemand: $179 for Members | $279 for Nonmembers
    Members who are Recent Law Graduates (not yet admitted), Newly Admitted Lawyers, In-House/Corporate Counsel, Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Hon. Katherine A. Levine
    Supreme Court, Kings County

    Rod Biermann
    Offit Kurman, Attorneys At Law

    George Schwab
    Kraus & Zuchlewski LLP

  • 6:00 p.m. – 6:05 p.m. Introduction of Topic and Panelists
    6:05 p.m. – 6:50 p.m. Department of Labor Action

    • Tip pooling guidance
    • Rescission of guidance on worker misclassification and joint employer
    • Rescission of “persuader” rule
    • Recent developments regarding salary test for FLSA overtime exemption
    6:50 p.m. – 7:35 p.m. Department of Justice Action

    • Positions regarding treatment of sexual orientation and gender identity as protected class under Title VII
    • Reversal of position on class and collective action waivers
    • Attorney General Sessions memoranda concerning expansion of religious liberty exemptions
    7:35 p.m. – 7:50 p.m. Break
    7:50 p.m. – 8:20 p.m. Executive Order/Congressional Action/NLRB

    • Discussion of executive order nullifying Fair Pay and Safe Workplaces order
    • Working Families Flexibility Act of 2017
    • Recent notable NLRB decisions
    8:20 p.m. – 8:50 p.m. Court Decisions

    • Janus v. AFSCME (U.S. Supreme Court decision on mandatory union fees)
    • Epic Systems v. Lewis (U.S. Supreme Court decision on waiver of arbitration)
    • Recent Supreme Court arguments in employment cases
    8:50 p.m. – 9:00 p.m. Q&A

  • CLE Credit
    New York:
    3.0 Professional Practice
    New Jersey:
     3.2 General
     3.0 General
     2.5 General

  • Sponsoring Association Committee:
    Labor & Employment Law | Katherine A. Greenberg, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Membership Outreach and Sponsorships Manager | (212) 382-6608 |