Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Pandemic a Petri Dish of Employee Dissatisfaction

SINCE MARCH 2020, IT IS BEEN REPORTED THA THERE HAVE BEEN 70 CLASS ACTION LAWSUITS  FILED FOR ALLEGED COVID-19 CORONAVIRUS-RELATED UNLAWFUL EMPLOYMENT PRACTICES

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

"The COVID-19 crisis caused an uptick in class actions for workplace issues, according to law firm Seyfarth Shaw's 2021 Workplace Class Action Litigation Report."

Seyfarth Shaw is certainly on point.

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 cases

• 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.

Keeping Busy - as are Private Lawyers

Wage and Hour (FLSA) Most Common Covid-19 Class Action Lawsuits ?

• Approximately 43% of class action complaints allege wage and hour violations, while approximately 38% allege workplace safety (24%) or disability leave violations (14%).
• Of the 70 class actions filed to date, approximately 61% were filed in California (29) and Florida (14). Outside of California, 73% of class actions were filed in federal court. Only 21% of California’s class actions were filed in federal court."

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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)