2011 Crystal Drive,
Ste. 400
Arlington, VA 22202

Officers

Chair
Danuta Panich
Mayer, Brown, Rowe & Maw LLP
71 S. Wacker Drive
Chicago, IL 60606-4637
(312) 701-7198; (312) 706-9168 (fax)
dpanich@mayerbrownrowe.com

Vice Chair
Christopher E. Parker
Freeman Mathis & Gary LLP
100 Galleria Parkway, 16th Floor
Atlanta, GA 30339
(770) 8181404; (770) 937-9960 (fax)
cparker@fmglaw.com

Deputy Chair
Nancy Bloodgood
Young Clement Rivers
28 Broad Street, P.O. Box 993
Charleston, SC 29402-0993
(843) 724-6659; (843) 579-1352 (fax)
nbloodgood@ycrlaw.com

Secretary
Jose Gonzalez-Nogueras
Jimenez Graffam & Lausell
Midtown Bldg. Suite 505
420 Ponce de Leon Avenue
San Juan, Puerto Rico 00918-3405
787-767-1030; (787) 751-4068 (fax)
jgonzalez@jgl.com

Treasurer
Melissa Goodman
Haynes & Boone LLP
901 Main Street Suite 3100
Dallas, TX 75202
(214) 651-5628; (214) 200-0455 (fax)
melissa.goodman@haynesboone.com

Immediate Past Chair
Delaine R. Smith
Ford & Harrison LLP
795 Ridge Lake Boulevard Suite 300
Memphis, TN 38120
(901) 291-1500; (901) 291-1501 (fax)
delainesmith@fordharrison.com

Standing Committees
(All chairs/co-chairs are members of the Governing Board)

Standing Committee on Programming and Continuing Legal Education
Chair [Section Vice Chair per by laws] –
Chris Parker (Atlanta, Ga.)

Co-Chair
Jim Hammerschmidt
Puerto Rico CLE Paley, Rothman, Goldstein, Rosenberg, Eig & Cooper, Chartered
4800 Hampden Lane, 7th Floor
Bethesda, Maryland 20814
(301) 951-9338; (301) 654-7354 (fax)
jrh@paleyrothman.com

Standing Committee on Membership and Chapter Relation
Chair [Section Deputy Chair per by laws]
Nancy Bloodgood (Charleston, SC)

Standing Committee on Publications and Public Relations
Chair [Section Secretary per by laws]
Jose Gonzalez (Puerto Rico)

Standing Committee on Finance and Expenditures
Chair [Section Treasurer per by laws]
Melissa Goodman (Dallas, TX)

Standing Committee on Executive Agency Outreach
Chair
Naomi Levin (EEOC, Washington, D.C.)
EEOC, Office of Commissioner Silverman
1801 L Street, N.W.
Washington, DC 20507
(202) 663-4646; (202) 663-7086 (fax)
Naomi.Levin@EEOC.GOV

Standing Committee on Legislation and Congressional Relations
[Also will serve as section liaison to Government Relations Committee]
Chair – OPEN

Chapter Representatives
(All are members of the Governing Board and of Standing Committee on Membership and Chapter Relations)

James Noel III
McConnell Valdes
P.O. Box 364225
Hato Rey, Puerto Rico
(787) 250-5673; (787) 759-2760 (fax)
Jdn@mcvpr.com

Bill Hittler
Halleland Lewis Nilan & Johnson PA
600 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402-4501
612-338-1838, 612-204-4111; (612) 338-7858 (fax)
whittler@halleland.com

Special Committees
(Non-voting advisors to governing board, unless also an officer, chair or co-chair of a standing committee or a chapter representative)

Special Committee on Employee Benefits
Karleen Green
Phelps Dunbar LLP
City Plaza, 445 North Boulevard, Suite 701
P.O. Box 4412
Baton Rouge, LA 70821
225-346-0285; (225) 381-9197 (fax)
GREENK@phelps.com

Special Committee on Civil Service Reform Naomi Levin (Washington, DC)

Special Committee on Public Employment
Ivelisse (“Ivy”) Cruz
Office of Labor Relations and Collective Bargaining
441 4th Street, NW Suite 820 North
Washington, DC 20001
202-724-4914; (202) 727-6887 (fax)
Ivelisse.Cruz@dc.gov

 

Contents
A Message from the Section Chair
Calendar of Events
Purposes of the Section
Benefits of Membership of the Section
Governing Board Minutes
Notes of Interest
Section News
Helpful Links


A Message from the Section Chair

Welcome to the Labor and Employment Section Web page. We value your visit, and hope that you become an active member of the section.

The Labor and Employment Section provides its members with an award winning newsletter containing updates on topics of interest to the labor and employment practitioner as well as in depth articles on important developments that affect our practice.  Section membership also provides opportunities for leadership, professional recognition and education. 

We have an active board that meets monthly. Board members come from across the United States and represent a cross section of the many specific areas of law that constitute the labor and employment practice. 

Board members as well as other members of the section are frequently invited to speak at symposiums and conferences, including the section's own Bi-Annual Conference, scheduled for February 16, 2007 in beautiful Old San Juan. This exciting program will feature some of the nation's leading lawyers from both the public and private sector (e.g., the Solicitor of Labor Radzely, the NLRB General Counsel Meisburg, Paul Grossman) and will provide participants important insights into both new developments as well as specialized areas of the labor and employment law practice.

So please, come join us! We are sure that you will find interesting and valuable experiences if you do.

If you are already a member, please, make full use of your membership. Contact any of the board members if you would like to participate in section leadership or writing opportunities.  Your ideas and experience will help the section grow and are always welcomed.

Sincerely,
Danuta Panich
Labor and Employment Law Section Chair

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Calendar of Events

Monthly Governing Board Tele-meetings. The governing board meets by monthly via tele-conference to discuss and plan section business and events. Please contact the section chair if you want to discuss any agenda item or if you have ideas to be brought before the board.

September 6–8, 2007
Annual Meeting and Convention

Location: Atlanta Marriott Marquis, Atlanta, Ga.
The 2007 Annual FBA Convention in Atlanta will feature a labor and employment law CLE track. The Labor & Employment Law Section is working with the Convention CLE Committee to present top quality CLE at Convention '07.

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Recent Events

2nd Bi-Annual Labor and Employment Law Conference
Sponsored by the Labor and Employment Law Section
Location: Caribe Hilton, San Juan, Puerto Rico
Download conference brochure.

Convention CLE
The section provided three hours of quality CLE at the 2004 FBA Annual Meeting and Convention. Look for upcoming information on CLE available at the 2007 Convention in Atlanta.

Chapter Relations
Past Section Chair Danielle Brewer spoke at the Northern Alabama Chapter's Annual Labor and Employment Law Seminar in April 2006.
Incoming Chair Danuta Panich has been invited to speak on employment-related immigration at program being presented by the Chicago Chapter in November 2006.
If your chapter or organization would like to partner with the Labor & Employment Law Section to present a program, please contact any member of the Section Leadership identified on this page.

Labor and Employment Law Seminar
The section presented its first full day Labor and Employment Law Seminar held in July 2005 in Puerto Rico. Speakers included Eric Drieband, general counsel for the EEOC and other prominent labor and employment law practitioners and judges.
Download event brochure.

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Purposes of the Labor and Employment Law Section

To further the purposes of the association as stated in its Constitution;

to promote the interests of labor and employment lawyers;

to plan, participate in, conduct, and/or publish, as appropriate, services, programs, publications, and activities of interest to persons in the legal profession with respect to federal labor and employment law;

to promote the integration of labor and employment lawyers as active members and participants in the variety Association entities;

to advance labor and employment jurisprudence;

to promote and monitor the development of Federal labor and employment law;

to promote high standards of professional competence and ethical conduct; and

to adopt public positions on matters concerning Federal labor and employment law and dispute resolution in both the public and private sectors.

View section bylaws

View section reimbursement policy

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Benefits of Membership of the Labor and Employment Law Section

  • Topical meetings and programs
  • Subscription to the Labouring Oar, our periodic newsletter on current trends, legislation, events and other news
  • Networking opportunities with lawyers, judges, regulatory officials and arbitrators in both government and private sectors, including hospitality receptions at National FBA events.
  • Programs of topical interest to members, planned both independently and in cooperation with chapters, other sections and other bar associations.
  • Leadership opportunities.
  • Much, much more

Joining is easy Join today!

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Governing Board Minutes

March 2007

January 2007

December 2006

October 2006

September 2006

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Notes of Interest

One of our governing board members, James D. Noel, III, won a case regarding whether a person was an independent contractor and not an employee under Title VII.
Download opinion


Tum v. Barber Foods, Inc. (03/10/04 - No. 02-1679, 02-1739): District court correctly concluded that the donning and doffing of non-required gear is not compensable under the Fair Labor Standards Act, and that neither walking time, nor a short amount of time spent waiting in line for gear, is compensable under the Portal-to-Portal Act. Read the full text of this opinion
.
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Section News

The Labouring Oar

The Labouring Oar -- Winner Outstanding Newsletter Award for 2006.

An article on "Unconscious Discrimination" by John Bowen and Jeremy Sosna headlines the Fall 2006 issue:

"[A] number of recent studies suggest that managers and supervisors frequently allow unlawful bias to unduly influence their decisions -- even though they may not even realize it. . . . [I]n recent years plaintiffs have increasingly and successfully used the 'unconscious bias' theory in employment discrimination claims . . . . . [E]mployers should anticipate that employment discrimination plaintiffs and their attorneys will aggressively pursue class action litigation based on the 'new' unconscious bias theory. "

The Spring 2006 issue featured an article by Chris Parker and David Cole, "Playing with Fire: Appealing Arbitrator Awards," discussing the increasing willingness of courts to award sanctions against parties that improperly appeal arbitration awards:

"The basis for the award of sanctions in all of these cases is the narrow grounds that exist for appealing an arbitrator's award. . . . Parties are most likely to face renewed judicial scrutiny when they appeal an arbitrator's award on the basis that it was made in manifest disregard for the law."

Excerpt from feature article "Developments in the Law of Electronic Discovery," by Danuta Panich published in the Winter 2006 issue of The Labouring Oar:

"The explosion of electronic information provides companies with wonderful business tools. At the same time, it creates huge potential issues in the context of employment litigation. . . . The current Federal Rules of Civil Procedure contain no guidance specific to the subject of discovery of electronic information, leaving the law of electronic discovery to the courts to develop on a case by case basis. Proposed amendments to the Federal Rules offer some direction, and may help to curb excessive use of spoliation arguments as weapons. The proposed rules also affirm the principle that electronic discovery is here to stay. Therefore, it is imperative for every employment law practitioner to understand its basic rules."

This article explores the status of the law on electronic discovery, what information can be discovered, who pays for it, and what the penalties are for nonproduction or spoliation.

The Labouring Oar is provided to all Labor and Employment Law Section members as a benefit of membership.

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Helpful Links

Government Agency Links

Bureau of Labor Statistics
Department of Labor
Department of Justice

Equal Employment Opportunity Commission

Federal Labor Relations Authority
Federal Retirement Thrift Investment Board
Medicare Payment Advisory Commission
Merit Systems Protection Board
National Council on Disability
National Labor Relations Board
National Mediation Board
Occupational Safety & Health Administration
Occupational Safety & Health Review Commission
Pension Benefit Guaranty Corporation

Other Legal Links

International Labor Organization
Courts.Net
Check out more helpful links listed on the main FBA page!

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