Expert Analysis

• 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.

• Engaging With Feds On Threats To Executives, Employees

  

  In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

• Imagine The Possibilities Of Openly Autistic Lawyering

  

  Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

• A Halftime Analysis Of DOJ's Compensation Pilot Program

  

  The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

• 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.

• A Look At Order Ending Federal Contractor Affirmative Action

  

  To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

• Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

  

  The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

• Opinion

  Courts Should Nix Conferencing Rule In 1 Discovery Scenario

  

  Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

• Series

  Documentary Filmmaking Makes Me A Better Lawyer

  

  Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

• Litigation Funding Disclosure Debate: Strategy Considerations

  

  In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

• 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.

• The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

  

  The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

• Series

  Adventure Photography Makes Me A Better Lawyer

  

  Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.