Saturday, April 3, 2021

2021 Employment Litigation Trends - How Many Covid-19-Related Cases Have Been Filed in State and Federal Courts?

Coronavirus is a Petri Dish for Employee Lawsuits

HOW MANY COVID-19-RELATED LAWSUITS HAVE BEEN FILED?

Employers Should Note These Workplace Litigation Trends for 2021 (shrm.org) reports:

"Litigation that is a direct result of the COVID-19 pandemic will continue in 2021," predicted David Amaya, an attorney with Fisher Phillips in San Diego. The Fisher Phillips COVID-19 Employment Litigation Tracker has documented more than 1,400 COVID-19-related cases, and found that remote work and leave conflicts are the most common issues.

California and New Jersey Employers Face 
Most Covid-19 Based Employee Lawsuits

In What States Have the Most Covid-19 Coronavirus Employee Lawsuits Been Filed? California and new Jersey Leading States for Coronavirus Employment Lawsuits

According to Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends | Jackson Lewis P.C. - JDSupra:

By way of example, as of January 13, 2021:

  • Approximately 1,360 COVID-19-related employment lawsuits have been filed in state and federal court since March 2020, including 70 class action Of the 1,360 cases, approximately 76% include allegations of wrongful termination.
  • Since Labor Day 2020, non-class action COVID-19-related employment lawsuits have more than doubled, with claims of discrimination and retaliation trending up. Disability leave claims have remained steady but declined as a percentage of overall claims.  Allegations of workplace safety are slowing down.
  • States with the most lawsuits to-date are California (298), New Jersey (184), Florida (115), New York (96), Ohio (80), Texas (77), and Michigan (54). Since December 1, 2020, however, states with the most lawsuits (in descending order) are California, New Jersey, New York, Florida, Texas, Ohio, and Pennsylvania.
  • Approximately 35% of all COVID-19-related employment lawsuits nationwide have been filed in California and New Jersey, and 
  • approximately 92% of those suits were filed in California and New Jersey state courts. Outside of California and New Jersey, approximately 48% of lawsuits were filed in federal court and 52% in state court.
  • Healthcare and manufacturing industries have been hit the hardest by single-plaintiff lawsuits, while hospitality, retail and consumer goods, and transportation have been hit the hardest by class action lawsuits.
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Covid Case of the Week: Carter v. Gardaworld Security Services - Fed. Judge:  Employee Who Complains About Employer's Lack of Covid Precautions Not Protected Under FFCRA From Retaliatory Termination (Posted June 4, 2021)

Covid Case of the Week - Sanchez v. Treesmiths, Inc. - Is an Arborist a First Responder Immune from Suit Under FFCRA? (Posted May 28, 2021)

Covid Case of the Week: Haney-Fillipone v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave - Private Charter School a "Public Agency" Pursuant to FMLA, Required to Follow FFCRA (Posted May 22, 2021)

Covid Case of the Week Colombe v. SGN, Inc. - Ky. Fed. Judge Finds Registered Nurse is NOT a "Health Care Provider Under FMLA, Dismisses EPSLA Paid Leave Claim - Retaliation Action Dismissed Accordingly (Posted May 8, 2021) 

Covid Case of the Week - Gomes v. Steere House - RI Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms EPSLA Claim, Upholds FMLA Retaliation Claim (Posted May 2, 2021) 

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA (Posted April 24, 2021) 

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021) 

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)