Labor and Employment Law Newsletter

Labor & Employment

What Has Changed and What to Expect

BY DEMETRIUS PYBURN

With the Biden administration having now completed its first 100 days, we can begin to see a shift in the direction for labor and employment law, and we should be prepared. While COVID-19 has continued to dominate the legislative agendas.

Labor & Employment

Congress Considers Ban on Mandatory Predispute Arbitration and Class Action Waivers

BY BENJAMIN GOLDSTEIN

In its current session, Congress once again will consider legislation to prohibit mandatory predispute arbitration agreements and class action waivers in employment, consumer, antitrust, and civil rights disputes.

Labor & Employment

Americans Want Workplace Representation, But Employers Still Win Union Elections

BY JOSÉ A. MASINI

Nearly half of workers want union representation but only about a tenth of them have it. Existing safeguards on the right to organize often prove insufficient when faced with employers determined to prevent unionization at all cost.

Labor & Employment

The PRO Act

BY MICHAEL J. HANLON AND BENJAMIN L. SHECHTMAN

The Protecting the Right to Organize Act (“PRO Act”) is a dramatic overhaul to federal labor law, reflecting organized labor’s wish list to regain its steadily declining membership.

Labor & Employment

Zoom vs. In-Person Arbitration Hearings

BY RICHARD BALES

In March 2020, in-person arbitration hearings came to a screeching halt in response to lockdowns related to COVID-19. Initially, most parties postponed scheduled hearings hoping the pandemic would be short-lived.

Fifth Circuit Challenges the FLSA Two-Step Conditional Certification Framework

BY OLENA SAVYTSKA

Earlier this year, the Fifth Circuit issued a decision that purported to change the way conditional certification is managed by courts in Fair Labor Standards Act (“FLSA”) cases.

Labor & Employment

Breaking the Chains of Bondage Among Foreign Suppliers of Imported Goods

BY MARLEY S. WEISS

Xinjiang China, Malaysia, Turkmenistan, and Zimbabwe share an attribute that is significant for labor and employment lawyers: goods from each country are subject to a Customs and Border Protection (CBP) “withhold release order” (WRO).

Labor & Employment

The U.S. Supreme Court’s 2020 EEO Jurisprudence

BY MICHAEL C. SUBIT AND J. RANDALL COFFEY

In 2020 the United States Supreme Court issued three decisions relating to EEO Law. Justice Gorsuch’s majority opinion for six Justices in Bostock held that “[a]n employer who fires an individual for being homosexual or transgender fires that person.