As 2016 crosses the halfway mark and speeds toward a momentous election, employers and workers will be keeping tabs on challenges to recent regulatory actions and whether the National Labor Relations Board takes its fight to kill class waivers in arbitration agreements to the nation’s highest court.
Here, Law360 looks at the cases and trends that will affect the employment landscape in the coming months.
Hugh F. Murray of McCarter & English LLP believes it is “almost certain” that the DOL will appeal the injunction of the persuader rules, but that “it is unclear what the appeals court will do.”
“It is also unclear if the injunction is vacated, what it will do to agreements reached after July 1,” Murray said. “Employers facing union organizing campaigns still have to be careful what they do since activity could still be reportable if the injunction is vacated.”