In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
Articles Discussing Employment Law Class Actions
Tesla Ordered to Notify Ex-Employees About Class Action
A Texas federal judge has ordered Tesla Inc. to notify ex-employees about a proposed class action case against the company for violating the Worker Adjustment and Retraining Notification (WARN) Act. The suit accuses the electric car company of wrongfully laying off employees at a Nevada plant without alerting them with
Bristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions, Third Circuit Holds
Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with whether the landmark opinion applies to collective actions brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b).
Class Action Trends Report: All About Arbitration
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.
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Class Action Trends Report June 2022
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.
Employee Sues Amazon Over Remote-Work Expenses in Forthcoming Class Action Suit
Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions
On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor Standards Act (FLSA) collective actions when their claims are not connected to the defendant’s activities in
Federal Judge Certifies Class Action Suit Against Equinox
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.
Equinox argued
Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case
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
Overtime Lawsuit Filed Against GEICO Granted Class Action Status
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
PepsiCo Faces Unpaid Wages Class Action Lawsuit Following Cyberattack
In December 2021, a cyberattack struck the beverage giant PepsiCo, locking workers out of their timekeeping system. The hack left workers without a reliable way to clock in and out of their shifts and disrupted the company’s ability to track employees’ wages and hours. Rather than creating a new system
Fourth Circuit Explains How Burdens Should be Allocated for Objections to Class Settlement
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.
Comcast Faces Wage and Hour Class Action Lawsuit
Comcast and its recruiting agency Robert Half International are currently facing a wage and hour class action lawsuit filed by former employee Trevor Scott. In the lawsuit filed last month in Pennsylvania federal court, Scott alleges that he and other incident managers worked over 40 hours a week without
Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements
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).
Pay Frequency Class Action Filed Against Party City
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