Class Actions

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As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to…

Has the COVID-19 pandemic prompted a rise in class action employment lawsuits? Not yet, according to the numbers. For now, COVID employment litigation has been comprised mostly of single-plaintiff claims. Whether the dam will hold, however, remains to be seen.

The Jackson Lewis COVID-19 Employment Lit-Watch tracks labor and employment litigation developments nationwide, as sifted…

The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17, 2020).

In a…

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue, attorneys in the Class Actions & Complex Litigation Practice Group discuss the most pressing workplace class action litigation risks arising from the COVID-19…

As of early this week, nearly 70 class actions have been filed by students against colleges and universities challenging their institutions’ responses to the COVID-19 crisis. The students argue they are entitled to refunds because the institution failed to provide them with all the benefits of an on-campus education for which they paid. These putative…

Reinforcing the burden on any putative class to satisfy all of the requirements of Federal Rule of Civil Procedure 23, the U.S. Court of Appeals for the Ninth Circuit has affirmed the district court’s order denying the plaintiffs’ motion for class certification in an employment discrimination action. Moussouris v. Microsoft Corp., No. 18-35791 (9th Cir.…

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

  • Proliferation of independent contractor claims
  • Wage and hour
  • The persistant and seismic impact of #MeToo
  • Disparate impact
  • The onslaught of privacy class actions

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Join Jackson Lewis P.C.’s Class Actions and Complex Litigation attorneys on November 8th for a full day CLE program where we will discuss key strategies for defending and avoiding class actions. We will also review new trends and challenges facing employers. Click here for a full list of topic descriptions.

Agenda:

8:30 — 9:00…

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

  • Data privacy: The newest class action threat
  • California Consumer Privacy Act
  • The GDPR is the model
  • State consumer privacy and security laws likely to proliferate

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Recently in Florida, three separate class action lawsuits alleged that the employer’s Consolidated Omnibus Reconciliation Act (COBRA) notice did not comply with the Department of Labor regulation.

COBRA, an amendment to the Employee Retirement Income Security Act (“ERISA”), applies to employers with at least 20 employees on more than 50 percent of its typical business…