Expert Analysis

• At 100, Federal Arbitration Act Is Used To Thwart Justice

  

  The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• What Justices' FLSA Ruling Means For 2-Step Collective Cert.

  

  The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

• The Future Of ALJs At NLRB And DOL Post-Jarkesy

  

  In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

• Preparing For A Possible End To The Subminimum Wage

  

  The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

• Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

  

  Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

• What To Expect From Trump's Deputy Labor Secretary Pick

  

  President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

• Discretionary Compensation Lessons From 7th Circ. Ruling

  

  The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

• What's Next After Justices Clarify FLSA Evidence Standard

  

  The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

• 4 Employment Law Areas Set To Change Under Trump

  

  President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

• 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

  

  A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

• The 7th Circ.'s Top 10 Civil Opinions Of 2024

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

• 10 Key Worker-Friendly California Employment Law Updates

  

  New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.