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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


BE PART OF THE DISCUSSION. 1 & 2 day options available. Breakfast and lunch are included.

PRESS & MEDIA: Contact labor.center@nyu.edu for registration

$50 cancellation fee until May 23; no refunds after May 23.

Please register before June 6 at noon ET. After this time we cannot guarantee entry.

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With thanks to our sponsor support:

Day 2 – Tuesday, June 10, 2025

 

8:15 Breakfast & Registration 

8:45 Introduction by Prof. Samuel Estreicher (NYU Law)

 

8: 50 Morning Keynote Address: Marvin E. Kaplan (NLRB Chair)

Introduction: Kate Mueting (Sanford Heisler)


Morning Moderator: Kate Mueting (Sanford Heisler)


9:35 AI Issues Abound

An introduction to the underlying technologies and their emerging legal framework, and a discussion on the top legal consideration in employment applications: from discrimination and data privacy to classification and liability issues for employers and their AI vendors.

Speakers: Victoria Lipnic (Resolution Economics, former US Asst. Secretary of Labor and EEOC Chair), Toni Locklear (APTMetrics), Kelly Trindel (Chief Responsible AI Officer, Workday), and Teri W. Wood (Wilford Wood Law, former chief global labor & employment counsel IBM)

Commentator: Michele Coyne '95 (Kauff McGuire Margolis)


10:30 Emerging Issues in Employment Arbitration

A look at (i) transparency of arbitration awards a year into Calif. S.B. 940’s disclosure requirements, (ii) litigation under of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA); and (ii) use of “bellwether” approach in dealing with “mass arbitration challenge.

Speakers: Troy Kessler (Kessler Matura), and David Sherwyn (Cornell University School of Hotel Administration)

Commentator: Pearl Zuchlewski (Kraus & Zuchlewski)


11:20 Employment Discrimination Law Developments- Is Disparate Impact Still Alive?

Developments in employment discrimination case law and litigation; and consideration of how best to promote equal employment opportunity. Are disparate- impact challenges under Title VII still constitutional?

Speaker: Prof. Ian Ayres (Yale Law School, Yale School of Management) and Prof. Miriam Cherry (St. John’s School of Law)

Commentator: Patrick Shea (Paul Hastings)

 

12:10 Lunch Buffet


12:30-1:20 Luncheon Discussion- Restrictive Covenants

With the likely end of FTC rulemaking here, discussion of state and local law developments; viability of forfeiture for competition clauses under the “Employee Choice” Doctrine in the wake of the Delaware high court ruling in LKQ Corp. v. Rutledge ; prospect of federal law preempting the field.

Speaker: Gary Friedman (Seyfarth Shaw) and Todd Gutfleisch (Harris, St. Laurent & Wechsler)

Commentator: Daryl Leon (Baker Hostetler)

 

Afternoon Session Moderator: Davida Perry (Schwartz Perry & Heller)

 

1:30 Move into Elective Sessions

a)    Pay Equity & Transparency Here and Abroad

A look at the consequences of pay equity and transparency laws with comparative EU analysis.

Speaker:  K. Joy Chin (Jackson Lewis) and Nikki Carusone, Ph.D. (APTMetrics)

Commentator: Michelle Caiola (Phillips & Associates) and Daniel Hund (Seitz Partner)


b)    Disability Law Developments

Speakers: Prof. Doron Dorfman (Seton Hall Law)

Commentator: Sandi F. Dubin (Cozen O'Connor) and Nicole Grunfeld (KatzMelinger)

 

2:40 Discrimination on Account of Religion

An overview of religion cases at the Supreme Court; accommodation issues after Groff v. DeJoy; Harvard settlement on campus; duty of fair representation claims.

Speaker: Prof. Stefan McDaniel (Notre Dame Law)

Commentator: Ann-Elizabeth Ostrager (Sullivan & Cromwell)

 

3:20 Future of Affirmative Action/ DEI 2.0

Effect of President Trump’s order rescinding Executive Order 11246; reconfiguring corporate DEI and affinity groups,; state and local laws on affirmative action

Speakers: Adam T. Klein (Outten and Golden) and Erika Ozer (Boston Consulting Group)

Commentator: Michael Delikat (Orrick)

 

4:10 Professional Responsibility

How to facilitate reorientation of law firm pro bono to provide direct legal assistance in employment and other matters to individuals and families not qualifying for publicly funded aid. What are the positional conflict and malpractice issues, and how best to address them?

Speakers: Prof. Samuel Estreicher (NYU Law) and John Snyder (Jackson Lewis)

          

 

 5:15 Concluding Remarks

 



*Additional speakers will be added as they are confirmed.



NYS CLE: Seeking approval for New York State CLE credit. Click here for financial hardship requests. Contact labor.center@nyu.edu for questions.

SHRM PDC: Approved for 15.5 Professional Development Credits from the Society for Human Resources Management (SHRM).



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