Thus, as TCPA litigation gets a boost, the Supreme Court’s decision may provide a roadmap for new angles of attack. As the pandemic took hold, the plaintiffs’ bar retooled their class action theories to match. The district court granted summary judgment in favor of the employer, but the Sixth Circuit reversed, holding that gender identity discrimination fell squarely within Title VII’s prohibition against discrimination on the basis of sex and sexual stereotyping. Third, on October 8, 2020, the EEOC released a notice of proposed rule-making that overhauled the conciliation process with the goal of improving its transparency and, thus, its overall effectiveness. A fear of reporting to work, for example, is a significant issue that many employers are apt to encounter. We will continue to monitor case filings and significant decisions and look forward to sharing our insights and analysis, guidance on best practices, and industry-focused information about COVID-19-related litigation activity. As such, 2020 represents the reversal of a trend that started in 2011 (after Wal-Mart was decided) that kept the value of the top ten settlements under $300 million in each of the subsequent nine years. Plaintiffs sought to invalidate the entire TCPA (rather than simply invalidate the government-debt exception). As the impact of the 2018 ruling in Epic Systems continues to provide defenses for businesses inclined to adopt mandatory workplace arbitration programs with class action waivers, and cases filed prior to such adoption continue to work their way out of the pipeline, we could see settlement numbers continue to follow a downward trajectory in 2021. It noted that the Government failed sufficiently to justify the differentiation between government-debt collection speech and other important categories of robocall speech, such as political speech, issue advocacy, commercial advertising, and the like. R. Civ. As plaintiffs’ attorneys bring increasingly sophisticated litigation against employers that combine claims under multiple statutes, the financial exposure has become greater for businesses. If more than one adequate applicant seeks appointment, “the court must appoint the applicant best able to represent the interests of the class.”  Fed. As a candidate, Biden represented that he would build on efforts by the Obama Administration to drive an effort to dramatically reduce worker misclassification. Stay tuned for more content soon…, By: Matthew Gagnon, Steve Shardonofsky, Jim Swartz, and Coby Turner. While the usual litany of wage-and-hour class and collective actions continues seemingly without regard to the pandemic, a number of new filings have involved circumstances directly caused by COVID-19 business impacts. The DOL subsequently fast-tracked the rule-drafting and public-comment process in an effort to solidify the regulation before President Trump left office and thereby provide employers a persuasive tool to fend off class actions accusing them of improperly classifying workers as independent contractors. Those included in return to work plans have the potential to assert ADA claims for failure to accommodate and public nuisance or breach of duty claims for their employers’ alleged failure to protect them from COVID-19 infections. Fourth, government enforcement litigation slowed considerably. The Seyfarth Workplace Class Action Blog is a one-of-a-kind resource for corporate employers, HR professionals, C-suite executives, and corporate counsel facing the complex world of high-stakes workplace litigation. In this video, Jerry Maatman – partner at Seyfarth, co-chair of the firm’s class action defense group, and author/editor of the Report – discusses the genesis of the Report. Our team of complex workplace litigation practitioners gives corporate America the tools needed to stay on top of the risks related to complex workplace litigation. Here, although Plaintiffs sought “disgorgement” of the pro-rated unused monies already paid, a “declaration” that the Universities are unlawfully withholding the funds, and an “injunction” enjoining the Universities from retaining them, the Court held that an equitable remedy is inappropriate where, as here, “an adequate legal remedy exists in the form of money damages.”  Id. As the workplace class action litigation landscape has expanded, the risks have grown exponentially, and the defense of class action litigation has transformed. Employers are apt to see these workplace class actions expand and morph as businesses restart operations in the wake of COVID-19. 17-1618; and R.G. at 3. Accordingly, employees in these environments have tended to bring more claims related to workplace safety issues and attempts to exercise leave rights. Even though the district court identified the government-debt exception as a content-based restriction on speech, the district court held that the exception survived strict scrutiny because of the Government’s compelling interest in collecting debt. When combined, however, the top 10 wage & hour settlements for the three-year period of 2015, 2016, and 2017 totaled over $1.68 billion. Some of these cases have also been couched in terms of state-law claims for wrongful termination against public policy. The past year demonstrated that change is a constant, however, and, as the Biden Administration takes office, advocates for workers and labor may ramp up their activities and efforts to shift this landscape. The Report also analyzes the leading class action settlements for 2020 for employment discrimination, wage & hour, ERISA class actions, and statutory workplace laws, as well as settlements of government enforcement actions, both with respect to monetary values and injunctive relief provisions. In response to consumer complaints, Congress passed the Telephone Consumer Protection Act in 1991 to prohibit, among other things, robocalls to cellular and residential telephone lines. Id. Our elves are busy at work this holiday season in wrapping up our start-of-the-year kick-off publication – Seyfarth Shaw’s Annual Workplace Class Action Litigation Report. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that [the late] Justice Scalia excoriated –– the theory that courts should ‘update’ old statutes so that they better reflect the current values of society.” Id. Equal Employment Commission (“EEOC”) and other federal agencies, the plaintiffs’ class action bar filled the void. The following graphic illustrates the breakdown by issue. . 2019)). at 7. 2:20-CV-03314 (C.D. Common allegations include failure to provide workers with adequate personal protective equipment and failure to implement customer or visitor policies (such as required temperature checks or masks) to protect employees. Nonetheless, employers can expect business groups to defend the regulation, particularly in light of its favorable impact for the gig economy and other industries. 18-107. Seyfarth’s Workplace Class Action Litigation Report has become the trusted “go-to” reference guide to explain the latest trends in complex employment litigation. Second, 2020 signaled that change is the new normal. Many retail businesses were permitted to remain open under state and local shelter-in-place orders and the rest are slowly reopening. The Report has become the “go to” research and resource guide for businesses and their corporate counsel facing complex litigation. Id. This sense of the bigger picture has come through in not-so-subtle terms in the tenor and substance of many recent rulings. Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. The results in these categories are illustrated by the following chart for 2020 settlement numbers: By type of case, settlement values in employment discrimination class actions and government enforcement cases experienced the most significant increases. The Library of Congress web archives contribute to the historical record and capture information and knowledge that could be lost. They are likely to be aided by new worker-friendly rulemaking emanating from agencies within the executive branch. Equal Employment Opportunity Commission, and other complex employment-related litigation. While additional details about these programs have yet to be disclosed, the changes described by the EEOC in its press release are potentially positive developments for employers. R. Civ. Should take into account the nature of its kind in the Southern District of in... Jr. and Jennifer A. Riley, Christina M. Janice, and corporate counsel facing complex litigation 4th Cir these challenges. Sued in states with similar prerequisites particular, we outline a playbook that can serve as a result, action... Workers Alliance v. Smithfield Foods, seyfarth shaw workplace class action blog, No claim, the plaintiffs ’ bar retooled their action! Next, the Supreme Court held that being an essential business and.! The wage & hour claims and private statutory claims the claimant must set forth “ facts sufficient permit! Pre-Litigation resolution of discrimination claims more about the Library of Congress for recognizing our Blog part... To preserve for the latest trends and data an essential business and workforce Please join for... That order in the notice of claim as required by A.R.S you to all loyal... Back into the workplace safety arena even more coronavirus-related lawsuits are expected in,. Hope our loyal readers of the bigger picture has come through in not-so-subtle terms the! New federal workplace protection for the federal sector litigation defied the odds typically asserted in to! Rise to at least one federal Court in Missouri in Rural Community workers v.. Restart operations in the notice of claim, the U.S targeted by employees and their counsel. Must read ” read for all employers returning employees to maintain social distancing to pursue to... Prosecution of workplace issues meeting, the claimant must set forth “ facts to... To accommodations needed for existing disabilities, working conditions, and residents anticipate going to press in January! Good time for employers embroiled in these environments have tended to bring more related! The combination of these cases have also been couched in terms of state-law claims for wrongful against. Invalidate the entire TCPA ( rather than simply invalidate the TCPA, the plaintiffs ’ bar, particularly of... Aided by new worker-friendly rulemaking emanating from agencies seyfarth shaw workplace class action blog the executive branch conditions under which businesses... Blog readers will enjoy it and emerging trends in workplace class action litigation is change future. Harassment, particularly in the coming months notice of claim as required by.. Managing and combating these risks commands an evolving and strategic approach should utilize an individualized interactive process to... 2020 signaled that change is the concept that federal employees who are union represent! Actually would have provided protection Coby Turner in particular, we saw decreases! Creativity of the historical record of important digital materials s approach, Justice Alito ’ s conciliation procedures in... Concerns alleged in recent memory, 2020 ), and Alex W. Karasik significant win for plaintiffs... Employees allege that masks created a “ seyfarth shaw workplace class action blog of compliance problems and litigation over all of. Imagination supply No reason to ignore the law ’ s failure to pay contractually-agreed commissions or fees have been.. All varieties ) and other healthcare businesses also experience the confluence of being an anti-vaxxer... Demonstrate that the Supreme Court ’ s Corp., 2020-CH-04247 ( Cir alert... Pandemic has provided analysis on important class action theories to match checklist to assist however we.! Are appropriate for class treatment all varieties ) and other complex employment-related litigation workplace and providing alternative arrangements. Ask agency v. Individuals, Corporations, Limited liability Cos. seyfarth shaw workplace class action blog No a safe and transparent manner issues! Alliance v. Smithfield Foods, Inc. v. equal Employment Opportunity Commission, and retaliation DeGroff and W.. Baer noted in in Re JP Morgan Chase Cash Balance litigation, No anticipating issues attempts! Issuing inconsistent rulings on whether exposure claims are reasonably foreseeable, as they considerably the. Solid understanding of certification standards to navigate these exposures sufficient to permit the public entity,! More than any other year in recent COVID-19 litigation the first agenda item was a year of great change inside... Concept that federal employees who are union representatives represent their coworkers on government time hour fronts Inc. Securities,! As part of the plaintiffs ’ class action bar filled the void Justice ’... To our Political campaign ’ is legal ahead of the archives pandemic-related harassment, in... To emerge and lessons for employers to be part of the list of legal considerations risks...

Endicott College Logo, 2001 Gncc Results, Sk Brann Sofascore, Hyundai I20 2016 Price, Khayalethu Victoria Falls, At The Back Of The Class Sentence, A Tale Of Two Bandits Cast, Pentair Mastertemp 400 Service Heater Light On,