77th NYU Annual Conference on Labor & Employment Law: Trump Administration Initiatives & Opportunities for New Approaches NYU School of Law, Vanderbilt Hall, Greenberg Lounge 40 Washington Square Park South
Day 1 - Monday, June 9, 2025 *more speakers will be listed as confirmed 8:30 Breakfast & Registration 8:50 Welcoming Remarks Faculty Director Samuel Estreicher (NYU Law) 9:00 Morning Keynote: Hon. Jonathan Snare (Deputy Solicitor of Labor, US Department of Labor) Introduction: Steven Arenson (Arenson Dittmar & Karban)
Morning Session Moderator: Raymond Nardo '90 (Raymond Nardo PC)
9:50 US Workforce Overview A labor economics overview of the current US workforce, noting historical data and projected changes including related to politics and technology. The session is relevant for labor and employment law policy makers, employers and their counsel. Speakers: Prof. Solomon W. Polachek (Binghamton University) and Ye Zhang (Resolution Economics) Moderator: Mark Brossman '78, LLM '81 (Schulte, Roth & Zabel)
10:40 Short Break
10:45 Reimagining Labor in a Conservative Era
Part I: 10:45-11:35 Policy Ideas and Challenges for an “America First” Workforce Policy and “Towards Sustainable Labor Law Reform” Speakers: Chris Griswold (Policy Director, American Compass) Commentator: Prof. Samuel Estreicher (NYU Law)
Part II: 11:40-12:05 Reimagining Civil Service Speaker: Craig E. Leen (K&L Gates, former Director OFCCP) Commentator: Jonathan Wolfson (Chief Legal Officer & Policy Director, Cicero Institute)
Part III: 12:10-12:40 Federal Labor Preemption of State Captive Audience, Just Cause and Sectoral Bargaining Laws? Speaker: Roger King (HR Policy Association) Commentator: Matthew Ginsburg '05 (General Counsel, AFL-CIO) 12:40 Lunch 12:50 Keynote Luncheon Address: Hon. Andrea Lucas, Acting EEOC Chair Introduction by Marjorie Mesidor, Esq. Afternoon Moderator: Shannon Meade (Littler)
Part IV: 1:35-2:05 Equal Access to Justice Act Reform Speaker: Randel Johnson (Chair, Administrative Review Board, US Dept. of Labor) Commentator: Michael Gray (Jones Day) Part V: 2:05-2:30 Facilitating Lawful Immigration Speakers: Ted Chiappari (Duane Morris)
2:30 Labor Union Political Activism Some argue that labor unions are becoming so political and partisan such that that principles of exclusive representation, Communication Workers v. Beck, and other rules dealing with union dues/agency fees need to be re-examined. On the other hand, unions’ political activity can play a role in preserving and expanding gains at the bargaining table and advancing labor law protections for unorganized workers. This panel will explore the impact of increased union political activity and whether restrictions on that activity are warranted. Speaker: Alexander MacDonald (Littler) Commentator: Alan Klinger '81 (Steptoe) 3:15 Future of the National Labor Relations Act The Supreme Court's decisions in Free Enterprise Fund, Jarkesy, Lucia, and Axon raise the question whether the removal protections for Board members and administrative law judges (ALJs) are constitutional, and whether NLRB can continue to rely on administrative adjudication to enforce the NLRA. The panel will also consider that if the NLRA were declared unconstitutional, what would take its place? What may happen if the Board’s ALJS and Members are subject to at-will executive removal? The panel will also provide updates on current legal challenges to the NLRA by Space X, Starbucks, Trader Joes and other companies; a well as challenges to President Trump’s removal of NLRB Members from office. Speakers: Richard Griffin (Bredhoff Kaiser, former NLRB General Counsel & Member) and John F. Ring (Morgan Lewis, former NLRB Chair) Commentator: Hon. William Cowen (NLRB Acting General Counsel) 4:05 Restructuring the NLRB On the assumption that the Supreme Court will overturn or substantially narrow Humphrey’s Executor v. US, are there ways the NLRB can be restructured so that Members and ALJs are protected from removal at-will, the advantages of an adjudicatory multi-member, bipartisan commission are retained, and the strictly law enforcement roles are handled by the politically removable General Counsel? Presenters: Prof. Samuel Estreicher (NYU Law), Roger King (HR Policy), and David Sherwyn (Cornell University School of Hotel Administration) Commentator: Jae Chun (Friedman & Anspach)
5:00-6:30 Reception held in cooperation with Resolution Economics. See Day 2 Schedule Below
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