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2023 Labor and Employment Law Conference
February 23, 2023 - February 24, 2023
The Labor and Employment Law Section’s biennial conference returns to San Juan, Puerto Rico! During this one and a half-day conference, leaders in labor and employment matters will address compelling and timely topics of interest to practitioners. In addition to ample networking opportunities, this conference will provide educational insight on current hot topics in the field.
Co-Hosted by Labor and Employment Law Section
Agenda
Session times are posted as Atlantic Standard Time (AST) zone and subject to change.
Thursday, February 23
8:00 am – 9:00 am | Registration & Breakfast
- Opening Remarks: Hon. Raúl M. Arias-Marxuach, Chief Judge of the U.S. District Court – Puerto Rico
9:00 am – 10:30 am | [CLE] Addressing Mental Health Situations in the Workplace from a Legal Perspective
The presentation will address the recent surge of mental health situations that are occurring in the workplace. Panelists will discuss the principal mental illnesses that employees and employers are facing, along with the applicable legal framework to properly advise clients in such situations. Relevant statutes like the Americans with Disabilities Act (ADA), its local counterpart PR Law No. 44, the Family and Medical Leave Act (FMLA), occupational safety and health considerations and other regulations will be examined. Further, participants will receive insight on how the courts are deciding mental health disputes and may interact with panelists in an open Q&A session.
- Moderator: Luis R. Perez-Giusti, Managing Partner, AMG
- Liana M. Gutierrez-Irizarry, Principal, AMG
- Mariel Haack, Shareholder, AMG
- Gabriel Maldonado-González, Secretary, Puerto Rico Department of Labor and Human Resources
10:30 am – 10:45 am | Morning Refreshment Break
10:45 am – 12:15 pm | [CLE] Discrimination Update
You won’t want to miss this and you won’t want to be late. Get in your seat and hang on tight while Patrick Shea takes you on a whirlwind, non-stop, breathless trek through the latest case law. Mr. Shea, an experienced employment attorney and a frequent speaker on the latest employment law developments, will provide a comprehensive update on all important Court of Appeal and Supreme Court decisions in the field of employment discrimination, covering the update to the Employment Discrimination Law treatise (Bloomberg BNA) from cover to cover. Attendees will learn practical strategies to apply based on these recent cases. This is always one of the most popular programs on the agenda.
- Moderator: Patrick W. Shea, Partner, Paul Hastings LLP
12:30 pm – 2:00 pm | [Luncheon Program] Practice Pointers from the Bench
- Hon. María del R. Antongiorgi-Jordán, U.S. District Court – Puerto Rico
- Hon. Gustavo A. Gelpí, U.S. Circuit Court of Appeals – First Circuit
2:15 pm – 3:45 pm | [CLE] National Labor Relations Board
The panelists will provide a primer to practice before the National Labor Relations Board from different perspectives as well as a discussion of the new trends currently developing in traditional labor law.
- Antonio Cuevas Delgado, Esq., Cuevas Kuinlam, Marquez & O’Neill
- Isis Ramos, Esq., Supervising Attorney, National Labor Relations Board
3:45 pm – 4:00 pm | Afternoon Refreshment Break
4:00 pm – 5:30 pm | [CLE] Closing the Pay Gap: Challenges and Opportunities in Pay Equity Reform
The gender pay gap has remained stubbornly open since the passage of the Equal Pay Act in 1963. With the pay gap remaining present in the marketplace, there has been a wave of action at the state and local level, as well as in federal requirements applicable to government contractors, to try to close the gap. This panel will address the new wave of pay equity legislation, including pay secrecy, pay discussion, and pay transparency provisions that have required employers to overhaul their hiring practices and personnel policies. The panel will also consider that Federal employee salaries are public information and whether this transparency in the government sector has impacted the gap within public service pay. Attendees can expect legal steps and best practices that employers can take to both ensure legal compliance and proactively promote pay equity among their workforces.
- Moderator: TJ McGrath, General Counsel, Medicare Payment Advisory Commission
- Jack Blum, Shareholder, Polsinelli
- Shira Gelfand, Associate, Outten & Golden
- William R. Sánchez, Director – San Juan, Office of the U.S. Equal Employment Opportunity Commission
5:30 pm – 7:00 pm | Reception
Sponsored by: Estrella LLC and the FBA Hon. Raymond L. Acosta Puerto Rico Chapter
Friday, February 24
8:30 am – 9:00 am | Registration & Breakfast
9:00 am – 10:30 am | [CLE] Exceptions to Attorney-Client Privilege in Employment Litigation
Although many lawyers assume that communications with clients are privileged, exceptions to attorney-client privilege make certain categories of otherwise privileged communications discoverable. This presentation covers the attorney-client privilege under Model Rule of Professional Conduct 1.6 and two notable exceptions recognized by federal courts in employment litigation: the fiduciary exception in ERISA actions and reliance on attorney advice in asserting the good-faith defense in FLSA actions. Panelists will provide an overview of the attorney-client privilege and will discuss how federal courts apply these two exceptions in employment litigation. This presentation will also provide practical tips for asserting or challenging these two exceptions from the plaintiff and defendant standpoint. Lawyers will be able to (i) describe the two exceptions to the attorney-client privilege in employment litigation and articulate the logic behind these exceptions, (ii) articulate when federal courts apply those exceptions, and (iii) apply the ethics and caselaw surrounding these two exceptions into their employment litigation practice.
- Moderator: Grace Chanin, Attorney, Nichols Kaster PLLP
- Ben Bauer, Attorney, Nichols Kaster PLLP
- Caroline Bressman, Attorney, Nichols Kaster PLLP
10:30 am – 10:45 am | Morning Refreshment Break
10:45 am – 12:15 pm | [CLE] Navigating Non-Competes Across the Country: On the Front End and In Court
With different state and territory laws governing restrictive covenants, employers can be placed in a difficult place navigating contracts governed by different laws. Join this fast-paced and dynamic panel, including experienced litigators and corporate counsel, for practical tips on dealing with these issues both before—and in—court.
- Moderator: Joel Schroeder, Partner, Best & Flanagan LLP
- Katie Connolly, Shareholder, Nilan Johnson Lewis PA
- Katherine González-Valentín, Capital Member, Ferraiuoli LLC
- Megan Kelley, Director & Employee Relations Counsel, Target Corporation
Registration
Advance online registration is now closed.
Onsite registration is available for in-person participation at the registration desk on Thursday, February 23.
By registering for this event, you agree to the posted event terms and conditions.
Registration Rates
- Labor & Employment Law Section Member $345
- Sustaining Member $450
- Member $475
- Nonmember $575
- Government/Academic $400
- Law Student $120
Accommodations: Please contact meetings@fedbar.org for onsite dietary or accessibility requests in advance of the program dates if you do not disclose within the online registration form.
Cancellation Policy: Full registration refunds will be processed for cancellations received by Friday, February 10. After the posted cancellation date, registrations may be transferred to another attendee but not refunded. No-shows will be billed. Please email meetings@fedbar.org with questions and written cancellation/substitution requests.
CLE
Attendees can receive up to 9.0 General CLE credits (10.8 credits for 50-min states).
CLE Credit will be tracked via an online web application. Attendees must check-in and check-out of each session to record their attendance. Certificates will be available to download online and sent via email approximately two weeks following the conference.
Hotel & Travel
San Juan Marriott Resort & Stellaris Casino
1309 Ashford Avenue, San Juan 00907
Hotel Reservations:
The booking deadline for a discounted rate of $249/night (plus tax) has expired. Please contact meetings@fedbar.org and staff will do their best to negotiate a discounted rate on your behalf. Pending inventory, any reservation received after January 25, 2023 cannot be guaranteed and may be priced at the prevailing public rate. All reservations must be guaranteed by a major credit card. Check-in time is 4:00 p.m. AST and check-out time is 11:00 a.m. AST for the hotel.
Parking: Self-parking is available at hourly ($6) and daily ($20) rates. Valet parking is also available for $25 daily.
Sponsors
Conference Contributor
Reception Sponsor
- Estrella LLC
- Federal Bar Association Hon. Raymond L. Acosta Puerto Rico Chapter
Breakfast Sponsor
- Polsinelli
[View Sponsorship Prospectus]
Sponsors receive customized deliverables per conference, including company visibility and registration benefits!
Contact Barbara Bienkowski at sponsor@fedbar.org for sponsorship opportunities.
Email Communication Policy: By registering for this event, you agree to receive email communication from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.
Financial Assistance: Program registrants (both FBA members and nonmembers) who are unable to afford the registration fee may receive a 50% discount on the member rate. Qualifying attorneys include those who are unemployed or actively seeking employment. A formal letter requesting the discount must be emailed to meetings@fedbar.org. That letter needs to state the reason for the attorney’s interest in the course or activity, as well as proof of income or an explanation of the financial hardship, and it must be signed by the requesting lawyer.
If you have any questions regarding this program, please contact meetings@fedbar.org.