Tag Archives: class action

The Wait Is Over…What’s Next for the NCAA?

It was a class action case that captured the attention of sports fans across the country: The United States Supreme Court agreed to tackle the issue of “amateurism” in collegiate sports, and the extent to which the National Collegiate Athletic Association (NCAA) could limit the education-related benefits that institutions of higher education within the NCAA … Continue Reading

$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed

In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184. The Ninth … Continue Reading

Class Action Trends Report Spring 2021

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and hour compliance issues arising from the COVID-19-induced work-from-home surge; and a landmark Fifth Circuit decision rejecting the common two-stage framework for conditional certification of Fair Labor Standards … Continue Reading

Virginia’s new overtime law authorizes collective actions

Virginia employers are at increased risk of class action wage litigation following passage of the Virginia Overtime Wage Act. “Previously, Virginia had been content to rely on the overtime pay requirements of the federal Fair Labor Standards Act (FLSA),” note Kristina H. Vaquera and Shaun M. Bennett in a recent Jackson Lewis legal alert discussing the … Continue Reading

ADA Does Not Require Websites Be Accessible, Appeals Court Holds

A website is not a “place of public accommodation” within the meaning of Title III of the Americans with Disabilities Act (ADA), a federal appeals court has held in a groundbreaking decision on disability discrimination. And an inaccessible website is not necessarily equal to the denial of goods or services. Gil v. Winn-Dixie Stores, Inc., No. … Continue Reading

Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In

The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act (BIPA) is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA). Over the past few years. there has been a significant number of class … Continue Reading

Class Action Trends Report: Looking back, looking ahead

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and look ahead to what a new year and a new presidential administration may mean for employers. Topics addressed in this issue include: Top 10 class action stories and trends from … Continue Reading

Workplace Law Under a Biden Administration

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the … Continue Reading

Class Action Trends Report Fall 2020

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the unprecedented public health crisis recedes. In this issue, Jackson Lewis attorneys discuss the risks of WARN Act litigation among the … Continue Reading

Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients

From Finland — by way of our Jackson Lewis Workplace Privacy, Data Management, and Security Report blog — comes the story of a healthcare provider whose refusal to pay a ransom to cyberattackers resulted in a particularly disturbing compromise of customer data: the threat of public disclosure of patient psychotherapy records. “This incident reveals a … Continue Reading

COVID-19 screening programs can spur biometric privacy class actions

As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential contact with the virus. Moreover, many states and localities across the nation are mandating or recommending the implementation of COVID-19 … Continue Reading

Class actions have not spiked alongside pandemic—yet

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 … Continue Reading

Eleventh Circuit rejects incentive awards for class plaintiffs

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 suit brought … Continue Reading

Class Action Trends Report – Fall 2019

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 Click here to … Continue Reading

Insurance Agents Properly Classified as Independent Contractors, Circuit Court Rules

The Sixth Circuit ruled that agents were properly classified as independent contractors in an Employee Retirement Income Security Act (ERISA) class action brought on behalf of thousands of current and former insurance agents in Jammal v. American Family Insurance Co., No. 17-4125 (6th Cir. Jan. 29, 2019). The Court reviewed the lower court’s analysis of … Continue Reading

Jackson Lewis Class Action Summit 2013 in NYC

On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City.  The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies.  Experienced Jackson Lewis class action litigators … Continue Reading

Department Store Retailer Defeats Class Certification Of State Wage-Hour Claims And Preemptively Defeats FLSA Certification In Cross-Motion

Plaintiffs seeking to certify a California class of current and former assistant stores managers and other differently titled managers and associates were denied class certification of their state law claims under Rule 23.  Saks, Inc., the operator of high-end retail department stores across the United States, also convinced the district court to grant its preemptive cross-motion seeking to … Continue Reading

Comcast Does Not Foreclose Certification Of Liability Only Class Under Rule 23(c)(4) Where Individualized Proof of Damages Overwhelms Common Questions, Says S.D.N.Y.

In, perhaps, the most important wage and hour class action post-Comcast, the District Court for the Southern District of New York (Judge J. Paul Oetken) granted in part and denied in part a pharmacy chain’s motion for reconsideration of the court’s previous order certifying a class of assistant store managers’ (“ASMs”) state law overtime claims, … Continue Reading

California Court Tosses ERISA Class Action Against Liberty Mutual

Rejecting ERISA claims brought by a class of participants from an acquired corporation seeking past service credit for accrued benefits under the previous pre-acquired employer, the United States District Court for the Southern District of California granted summary judgment to defendants (an insurance company, the retirement plan, its sponsor, and its administrator) on all four of plaintiffs’ causes of action … Continue Reading

District Court Denies Certification of 23(b)(3) Class; Quotes Language from Comcast Corp. v. Behrend

The U.S. District Court for the Western District of Washington (Judge Richard A. Jones) denied a motion to certify a class of more than 2,000 call-center customer account executives (“CAEs”) under Rule 23(b)(3) holding that individualized issues predominated over common questions.   Ginsburg et. al. v. Comcast Communications Mgmt. LLC, 2013 U.S. Dist. LEXIS 55149 (W.D. Wash. 4.17.13). … Continue Reading
LexBlog