“Companies are using arbitration agreements that allow arbitrators to make the decisions about compelling arbitration despite the fact that defendants continue to win most motions to compel arbitration in federal court.”
Eric R. Magnus
Principal | Office Litigation Manager, Atlanta | Co-Leader, Class Actions and Complex Litigation Practice | Member, Jackson Lewis Board of Directors
Ana C. Shields
Principal | Office Managing Principal, Melville | Co-Leader, Employment Litigation Practice | Member, Jackson Lewis Board of Directors
Recent legal developments significantly impacting nationwide collective actions under the FLSA — including several federal circuits now restricting where employees can file and join such actions and tightening standards for conditional certification — are leading to shifting litigation strategies. Other ongoing procedural questions (such as notice requirements for employees with arbitration agreements and the scope of Federal Arbitration Act exemptions) will also continue to shape the FLSA litigation landscape in 2026.
Federal employment filings continue to climb, from 20,895 in 2022 to 25,367 in...
Who: A California federal judge dismissed a class action lawsuit filed against Apple Inc. Why: The judge determined the complaint failed to plausibly allege that Apple’s claims of carbon neutra...