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2023 Employment & Labor Law Summit
Course Descriptions

Join Wilson Elser’s Virtual Employment & Labor Law Summit for in-depth webinars on the critical updates to employment and labor laws in 2023 and their impact on 2024. Members of our Employment & Labor Practice will examine regional updates for California and the Northeast, Mid-Atlantic, and Southeast; Recent Supreme Court Decisions and New Federal Laws; and AI & BIPA Employment Issues.

Tuesday, November 7, 1–2 pm ET 
NLRB: The Swinging Pendulum
Bruno Katz

Bruno Katz (Partner-San Diego, CA) will present an important update on the current state of the National Labor Relations Board and its interpretation and enforcement of the National Labor Relations Act. The current Board and General Counsel have continued a steady expansion of interpretations and initiatives that favor labor organizations and even employees in non-union workplaces. He will discuss the latest developments as to what constitutes protected concerted activities, expansion of the definition of employees under the Act, new restrictions on employment-related agreements and restrictive covenants, and increased remedies and penalties for violations of the Act. Bruno will further explore expectations for 2024 and potential new decisions and issues facing employers as they navigate a Board that is more aggressive in enforcement and remedies.

Thursday, November 9, 1–2 pm ET
Northeast Employment Labor Law Update

Jonathan MeerYusha Hiraman, Gregg Kahn, Laura Stutz, Kathleen Wilkinson, Tracy Waugh

Jonathan Meer (Partner-New York, NY), Yusha Hiraman (Associate-New York, NY), Gregg Kahn (Partner-Madison, NJ), Laura Stutz (Of Counsel- Madison, NJ), Kathleen Wilkinson (Partner-Philadelphia, PA), and Tracy Waugh (Of Counsel-Boston, MA) will present a panel discussion covering the major new employment laws, such as new protected classes, salary transparency and ESG initiatives, and the challenges to them in New York, New Jersey, Massachusetts and Pennsylvania. Panelists will review the new requirements and evaluate the intersection between the new state laws and federal laws, and discuss the impact of these new laws on employers’ obligations in each jurisdiction.

Tuesday, November 14, 1–2 pm ET
California Case Law Updates and Recent Decisions
Jackie Harding, Madonna Hernan

Jackie Harding (Partner-Los Angeles, CA) and Madonna Herman (Of Counsel-San Francisco, CA) are partnering to present California Case Law Updates and Recent Decisions. This comprehensive program will address issues that impact California businesses, including timeclock rounding policies, Private Attorneys General Act (PAGA) claims, arbitration, protected disclosures, and workers’ compensation.

Thursday, November 16, 1–2 pm ET
AI & BIPA Employment Law Issues: Hold on to & Inform Your Humans
Laura Stutz, Lisa Handler Ackerman

Lisa Handler Ackerman (Partner-Chicago, IL) and Laura A. Stutz (Of Counsel-Madison, NJ) will provide an overview of employment law issues that may arise with the increased use of artificial intelligence (AI) and biometrics in the workplace, including compliance issues presented by AI-innovation in employment decision-making, BIPA litigation trends and best practices employers should consider to mitigate liability. Lisa and Laura will discuss guidance issued by the Equal Employment Opportunity Commission on the use of AI in compliance with Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act and the EEOC’s first enforcement action involving the use of AI in employment decisions. They will discuss the litigation trends and case law developing under the 2008 Biometric Information Privacy Act of Illinois (BIPA) as well as under laws enacted and proposed in other states to prevent the unknown, unauthorized collection of biometric information.

Tuesday, November 21, 1–2 pm ET 
Southeast | Mid-Atlantic Employment Practices Liability Law Update
Christina Heischmidt, Jeremy Stephenson

Christina Heischmidt (Partner-McLean, VA) and Jeremy Stephenson (Of Counsel-Charlotte, NC) will cover the major new employment laws and key cases in the District of Columbia, Maryland, North Carolina, and Virginia, including new protected classes, changes to family leave laws, restrictions to non-disparagement and confidentiality clauses, cannabis employment protections, equal pay considerations and more. Christina and Jeremy will discuss the new requirements and key case law, and evaluate the intersection of the new state laws and federal laws. They will suggest the considerations employers should address in meeting their obligations in each jurisdiction.

Tuesday, November 28, 1–2 pm ET 
Key Federal Law Developments Including Religious Accommodations and the Pregnant Workers Fairness Act
Linda P. Wills

Linda P. Wills (Partner-Houston, TX) will discuss the U.S. Supreme Court decision in Groff v. DeJoy, expanding the obligations of employers to provide religious accommodations at work, and the expanded obligations of employers to provide accommodations for pregnancy-related conditions under the Pregnant Workers Fairness Act, as well as the EEOC’s response to both. Other key federal law developments impacting employer liability for workplace decisions also will be discussed, including the removal of the tangible employment action requirement for liability under Title VII in the Fifth Circuit Court of Appeals.

Thursday, November 30, 1–2 pm ET 
The State of PAGA Actions in California Has Been on a Wild Ride
Steve Joffe, David D. Kremenetsky

Steve Joffe (Partner-Los Angeles, CA) and David Kremenetsky (Of Counsel-Los Angeles, CA) will discuss the background of representative actions under the Private Attorneys General Act of 2004, the purpose behind the law and how it has evolved. In particular, Steve and David with cover last year’s U.S. Supreme Court decision in Viking River Cruises, essentially striking down PAGA actions in California for lack of standing; and the refusal of the California state courts to follow the holding in Viking River Cruises.