Webinar: Employment Class Action and Employee Classification – What’s ADR Got To Do With It?

Arbitration and mediation are intended to be efficient, quicker and more cost effective alternatives to traditional litigation. But Door Dash workers, classified as employees, are filing individual arbitrations by the tens of thousands, flooding the system. Seemingly unable to form a class to seek legal recourse, the ability for Uber and Lyft drivers to seek legal recourse also may appear to lie in filing individual ADR cases. Has the promise of efficiency, time and cost savings been compromised in employment law?

Join alternative dispute resolution experts and leading labor and employment practitioners to discuss recent federal cases and learn the status of employee classifications, employees’ ability to form a class and the future of employment ADR.

Presented by the Alternative Dispute Resolution Section and Labor & Employment Law Section

About the Presenters

TJ McGrath, General Counsel, Medicare Payment Advisory Commission (MedPAC)

TJ McGrath currently serves as General Counsel for the Medicare Payment Advisory Commission. In this role, she serves as the advisor to the Executive Director for legal and business matters. TJ also consults for Ardaigh, LLC by providing individualized guidance to government offices on strategic management issues to include EEO overviews and guidance for Workforce Diversity initiatives. Prior to these positions, TJ served as General Counsel at the Congressional Budget Office and Associate General Counsel for TRICARE Management Activity. Her work history reaches beyond civilian government work, as an active duty member of the Air Force Judge Advocate General Corps from 1992-2004, and now within the Reserves. TJ is an active member of the Federal Bar Association, within both the Labor and Employment Law Section and recently developed Diversity & Inclusion Standing Committee.­ TJ graduated from the University of Colorado at Colorado Springs in 1988 with a Bachelor of Arts in Communication. She later graduated with her Juris Doctorate in 1992, cum laude, from The John Marshall Law School in Chicago.

Christopher Moreland, Attorney, Halunen Law

Christopher Moreland chairs Halunen Law’s Employment and Appellate Practice Groups, with over 20 years of experience advocating on behalf of injured railroad workers and other victims of corporate misconduct. His national practice includes substantial verdicts for his clients in state and federal courts across the country, as well as a significant appellate practice, including arguments in the Supreme Courts of Minnesota, Nebraska, and Montana. Chris is empathetic to the needs of clients who face the frightening prospect of confronting a corporate adversary with seemingly unlimited resources. Reminded daily of his clients’ courage, Chris is ready for any challenge. He is proud to bring his expertise and tenacity to bear for those he represents. An active member of the Minneapolis legal community, Chris serves on the Board of Governors for the Minnesota Association for Justice, a group of trial lawyers organized to promote the administration of justice for public good. He speaks frequently at continuing legal education seminars and has written articles on legal process, rights and resolutions. A cum laude graduate of Hamline University School of Law, Chris was selected several times to the Super Lawyers Rising Star list, representing the top 2.5% of Minnesota Lawyers either 40 years old or younger and he has been named to the Minnesota Super Lawyers list in 2018, 2019, and 2020.

Mary Smith, Principal and Office Litigation Manager, Jackson Lewis

Mary A. Smith is a principal and litigation manager in the White Plains, New York, office of Jackson Lewis P.C. She serves as a trusted advisor to clients on a broad range of litigation and counseling matters, helping them to understand how developing workplace issues and trends impact their businesses. Mary defends employers against claims of discrimination (gender, race, age, disability and national origin), sexual harassment, retaliation, breach of contract, misappropriation of confidential information and related tort claims. She defends employers in state and federal courts, in arbitral forums such as AAA and administrative agencies such as the Equal Employment Opportunity Commission, New York State Division of Human Rights, and the New York City Commission of Human Rights. As a member of Jackson Lewis’ Restrictive Covenants, Trade Secrets and Unfair Competition group, she regularly drafts and reviews employment agreements, confidentiality agreements, and noncompetition agreements, and handles related litigation. Mary is also a member of Jackson Lewis’ Real Estate and Technology industry groups and is well versed in the workplace issues unique to those industries.

Hon. Thomas I. Vanaskie, Of Counsel, Stevens & Lee

Thomas I. Vanaskie retired from the Federal Judiciary after nearly 25 years of service on both the trial and appellate court levels. In 2020, after serving as a special master, arbitrator and mediatory with JAMS, he joined the law firm of Stevens & Lee. In his Of Counsel capacity, Judge Vanaskie heads the firm’s neutral services and appellate practice groups.  He was recently appointed by the President of the Pennsylvania Bar Association to Chair a joint Task Force on the Continuity of Delivery of Legal Services. He was sworn in as a Circuit Judge for the United States Court of Appeals for the Third Circuit in 2010, after serving more than 16 years as a District Judge for the U.S. District Court for the Middle District of Pennsylvania – including a seven-year term as Chief Judge. In 2016, he was appointed by the Chief Justice of the United States to serve on the Space and Facilities Committee of the Judicial Conference of the United States, the policy-making body for the United States Courts. From 2001 through 2008, he served on the Judicial Conference Information Technology Committee. He is a past member of the Board of Directors of the Federal Judges Association. He has also served on several working groups of the Administrative Office of the United States Courts and was one of the founding members of the OSCAR working group which manages the judiciary’s clerkship applications. Judge Vanaskie graduated from Lycoming College, Williamsport, Pennsylvania in 1975, with a Bachelor of Arts Degree, Magna Cum Laude. Judge Vanaskie then attended the Dickinson School of Law, receiving his Juris Doctor Degree, Cum Laude, in 1978.

Registration

Registration for this event is now closed.

Live Captioning: Should you request live captioning or another accommodation in order to participate in this webinar, please contact meetings@fedbar.org at least 10 days before the event so we may make the necessary arrangements.

Cancellation Policy: No refunds will be made for cancellations received after the close of business on May 12, 2021. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests.

Internet Requirements: Virtual programs require suitable internet strength to stream online panels. A minimum internet connection of 800 Kbps is recommended for an optimal attendee experience. Test your connection here. 

CLE

CLE: 1 CLE Credit (60min state) / 1.2 CLE Credit (50min state)

Email Communication Policy: By registering for this event, you agree to receive email communications 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.

Recording Disclaimer: By registering for an FBA webinar, you agree to the recording of audio and visual content presented during the live event and consent to subsequent use of the recording by the FBA. You agree that the recording is the sole property of the FBA and that the recording may be used by the FBA in any manner in its sole and absolute discretion. This recording may include questions and poll responses provided by you during the live event. If you do not consent to the recording and the FBA’s use of the same, do not register for the event.

If you have any questions regarding this program, please contact Caitlin Rider, Conference Manager.