Today's employers have an increasingly regulated and overly litigious landscape to navigate in managing their workplace. The continued growth of federal, state, and even local regulatory protections for employees, coupled with an overabundance of lawyers, has made virtually every workplace decision a potential lawsuit.
Under the administration of Donald J. Trump, employers may be able to anticipate many changes in the regulatory and legal environment. In particular, the National Labor Relations Board (NLRB), which had been very pro-union under the Obama adminstration, may shift its focus.
Lawsuits are expensive and inconvenient, but employee litigation can be even more painful for companies, executives, and managers. Fortunately, employers can minimize many employee lawsuits and their fallout through arbitration agreements, where a neutral arbitrator hears the facts of the dispute and makes a binding ruling.