Jay W. Waks, Partner in the Litigation Department of the New York office and Chair of the Employment & Labor Law practice, was a panel discussant at the annual Spring meeting of the NYS Management Attorneys Conference, held on April 30 May 1, 2011, in Philadelphia. The subjects Mr. Waks addressed included:
enforcement of individual employment arbitration agreements that bar class actions, in the light of AT&T Mobility v. Concepcion (the recent decision of the United States Supreme Court which upheld a ban on class actions in arbitrating a claim that was contained in a consumer contract of adhesion);
- ethical constraints in workplace investigations of employee wrongdoing;
- workplace privacy limitations; and
- the impact on union-management relations of the NLRB General Counsel's recent pursuit of a complaint against Boeing's decision to produce airplanes in a new, lower-cost (non-union) South Carolina plant, along with other efforts by the current NLRB to restructure past interpretations of the National Labor Relations Act.
April 30, 2011