Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation
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.
Latest from Employment Class and Collective Action Update - Page 10
Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers are Exempt from FAA
In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15,…
New Guidance from the Northern District of California for Class Action Settlements
The U.S. District Court for the Northern District of California has published procedural guidance for parties submitting class action settlements for preliminary and final approval in the Northern District. Details of the Northern District’s procedural guidance for Class Action Settlements…
Criticizing Lower Court, Third Circuit Reverses Class Certification in Suit Alleging Pay Violations
A three-judge panel of the Third Circuit has struck down U.S. District Judge Arthur J. Schwab’s decision granting class certification in a suit brought by mortgage loan officers claiming they were denied overtime pay by their employer. Reinig v. RBS…
Counting Down the Top 5 Employment Class Action Developments of 2018
On the last day of the year, we take a look back at some highlights and our most-read employment class action articles of 2018.
#5-Department of Labor Nullifies “80/20” Tip Credit Rule
In November, the Wage and Hour Division of the Department of Labor (DOL) rescinded Obama-era…
Jackson Lewis Class Action Trends Report Fall 2018
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find…
Lawsuit Filed Against California’s Attorney General Alleging the Private Attorney General Act (“PAGA”) is Unconstitutional
On November 28, 2018, the California Business & Industrial Alliance (an association that represents the interests of small and mid-sized businesses in California and which was formed for the specific purpose of accomplishing the appeal or reform of the Private…
Department of Labor Nullifies “80/20” Tip Credit Rule
The Wage and Hour Division of the Department of Labor (“DOL”) today rescinded Obama-era enforcement guidance that had made the tip credit unavailable to tipped employees who spend more than 20% of their time performing allegedly non-tip generating duties. The so-called “80/20”…
Supreme Court Hears Oral Argument in Lamps Plus Case
On October 29, 2018, the Supreme Court heard oral argument in the case of Lamps Plus, Inc. v. Varela. At issue in Lamps Plus is what standard should be applied in determining whether parties have agreed to submit claims to…
Ninth Circuit Permits Use of “Inadmissible” Expert Testimony for Class Certification Purposes
The U.S. Court of Appeals for the Ninth Circuit just denied a request to review en banc a panel ruling that authorizes trial courts to consider evidence that would be inadmissible at trial when deciding whether a class may be…