In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, several impactful U.S. Supreme Court decisions, and the emergence of mass arbitration.
Articles Discussing General Issues In Employment Law Class Actions
A California federal judge ruled last month that employees of the luxury gym Equinox could organize as a class to challenge their employer in court. Personal trainers and group fitness instructors came together to complain about wage violations and other labor laws that their employer allegedly flouts.
The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class action claiming its retirement plan included imprudent investment options charging excessive fees
In April, a federal judge granted class action status to a lawsuit filed by former GEICO claim adjuster Marc Pugliese accusing the company of violating state and federal overtime laws. Pugliese originally filed the lawsuit the U.S. District Court for Massachusetts in October 2021, claiming that GEICO pressured employees not
Explaining for the first time “who bears what burdens when a class member objects to a proposed settlement,” the U.S. Court of Appeals for the Fourth Circuit affirmed in an insurance case a district court’s order approving a proposed class settlement and overruling objections to the settlement.
Absent class members in state-court class actions cannot pursue individual claims in federal court when the class has entered into a settlement releasing all such claims and a state court has entered final judgment approving the settlement, a panel of the U.S. Court of Appeals for the Ninth Circuit has held. Moreno v. UtiliQuest, LLC, No. 21-55313 (Mar. 18, 2022).
On January 26th a new class action against Party City was filed. The plaintiffs allege that Party City’s breaking the New York State Labor Law. In New York State, manual workers are required to be paid on a weekly basis. Currently, Party City employees who believe they are manual workers
For employers, 2021 was a challenging year. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate. Efforts to contain the spread of COVID-19 were met with stiff resistance — legal and otherwise; still, employers persist in earnest
In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits, and the continuing rise of cases brought under the California Private Attorneys General Act and Illinois Biometric Information Privacy Act, among other litigation trends.
The Senate Committee on Health, Education, Labor, and Pensions has released its version of the Build Back Better bill and it does not contain the provision regarding class or collective action waivers in the version passed by the U.S. House of Representatives on November 19, 2021.
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the massive bill are numerous provisions of interest to employers. One such provision would amend the National Labor Relations
In the latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss the emerging class action risks that arise at this stage of the COVID-19 pandemic, as employers navigate return-to-work challenges including employee screening, mask and vaccine mandates, and the need for ongoing safety measures as the crisis persists. We also take a look at the state of class action COVID-19 litigation.
The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom screening, mask and vaccine mandates, returning reluctant remote workers to the office–all pose operational challenges as
In TransUnion LLC v. Ramirez, 594 U.S. (2021) the United States Supreme Court held that class members who suffered no actual injury could not recover damages because they lacked Article III standing. Although TransUnion involved a class of individuals who sued TransUnion in federal court under the Fair Credit Reporting Act, the case raises issues for employers to consider when defending employment law class actions in federal court.