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Employment Class and Collective Action Update
Employment Class and Collective Action Update, published by Jackson Lewis P.C., focuses on developments in employment-related class and collective action litigation. The blog covers topics such as wage and hour collective actions, biometric privacy claims, COVID-19-related employment lawsuits, and evolving case law affecting employer liability in class actions. It also addresses statutory interpretation issues, procedural rulings, and trends in multi-plaintiff employment litigation. The content includes analysis of court decisions, legislative changes, and practical implications for employers managing class and collective employment disputes.
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Latest from Employment Class and Collective Action Update
Supreme Court Won’t Consider Whether Bristol-Myers Decision Applies to Collective Actions
The U.S. Supreme Court has declined to settle the circuit split on whether its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal. applies to collective actions brought under the Fair Labor Standards Act.
In Bristol-Myers, a mass tort action, the justices…
Illinois Supreme Court holds 5-year limitations period applies to BIPA claims
The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2, 2023).
In answer to the certified…
Class Action Trends Report: A look back, a look ahead
In our latest issue of the Jackson Lewis Class Action Trends Report, we look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead at potential new challenges in store for employers in…
Class Action Trends Report: A COVID-19 litigation update
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
Employers have faced more than 5,000 COVID-19-related lawsuits — hundreds of which…
Federal Jury Sides with Plaintiffs in First Illinois Biometric Information Privacy Act Trial
A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No. 1:19-cv-03083 (N.D. Ill. Oct. 12,…
FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds
Does a plaintiff’s allegation that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class member, sufficiently constitute being “about…
Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL)…
Bristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions, Third Circuit Holds
Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with whether the landmark opinion applies to…
Class Action Trends Report: All About Arbitration
In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, several impactful…