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.
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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