The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class action claiming its
Employment Class and Collective Action Update
Latest from Employment Class and Collective Action Update - Page 2
FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds
Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No. 21-309 (June 6, 2022). Therefore,…
California Supreme Court Rules Additional Penalties May Be Recoverable for Meal & Rest Period Violations
A recent decision by the California Supreme Court can result in additional potential liability for employers under the California Labor Code and underscores the importance of meal and rest period compliance. In Naranjo v. Spectrum Security Services, a class action…
Supreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the…
Jackson Lewis webinar will offer tips to avoid biometric privacy claims and mitigate exposure
Since 2017, more than 1,500 class action lawsuits have been filed under the Illinois Biometric Information Privacy Act (BIPA) and the cases show no signs of slowing. These claims continue to vex Illinois businesses, and multi-state companies that have operations…
North Carolina federal court holds it lacks jurisdiction over claims of out-of-state opt-ins
In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over individuals who did not work for the…
Class Action Trends Report: A Look Back
For employers, 2021 was a challenging year. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate. Efforts to contain the spread of COVID-19 were met with stiff…
Congress Passes Federal Law Restricting Arbitration Agreements, Class Waivers for Sexual Assault, Harassment Claims
A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk.
The Ending Forced Arbitration of Sexual Assault…
Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions
In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a nonresident company. Left unresolved by the Court…
Build Back Better Act Threatens Class and Collective Action Waivers
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the massive bill are numerous provisions of…