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
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 9
Fifth Circuit Rules District Court Erred in Ordering Notice of Collective Action to Employees who Signed Arbitration Agreements
In a significant case of first impression, the U.S. Court of Appeals for the Fifth Circuit just held it to be in error for a district court to order notice be sent to employees as part of a certification who,…
Insurance Agents Properly Classified as Independent Contractors, Circuit Court Rules
The Sixth Circuit ruled that agents were properly classified as independent contractors in an Employee Retirement Income Security Act (ERISA) class action brought on behalf of thousands of current and former insurance agents in Jammal v. American Family Insurance Co.,…
Sixth Circuit Rules that Moonlighting Police Officers are Employees, not Independent Contractors
The Sixth Circuit Court of Appeals recently concluded that all officers of a private security and traffic control company were “employees,” rather than independent contractors under the Fair Labor Standards Act (“FLSA”). The case is Acosta v. Off Duty Police Services, Inc., Nos. 17-5995 and 17-6071…
Ninth Circuit Re-affirms Fair Credit Reporting Act’s Strict Disclosure Standards
A disclosure form that included other, state-mandated disclosure information violated the Fair Credit Reporting Act’s (FCRA) standalone document requirement, the Ninth Circuit held. Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263 (9th Cir. Jan. 29, 2019). In doing so,…
Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?
The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing to sue in a data breach class action suit, largely…
Second Circuit Sheers Cosmetology Student’s Claims in Intern-or-Employee Case
Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s determination that the student was an…
Airline Ordered to Pay Flight Attendants $77 Million in Damages
A class of flight attendants in a case involving alleged violations of California’s wage and hour laws was awarded $77 million in damages. In so doing, the judge rejected the airline’s challenges to the plaintiff’s damages model and reduced the…
Court Decertifies Class of Female Drivers’ Hostile Work Environment Claims, Trims Retaliation Claims
Finding that the case involved “actions perpetuated by one individual against another individual in an isolated environment, not conduct in a common environment directed against several women at once,” Chief Judge Leonard Strand decertified a class of female truck drivers…
Older Applicants Cannot Utilize ADEA to Challenge Neutral Hiring Criteria, Seventh Circuit Rules
The Age Discrimination in Employment Act does not permit non-employees to bring claims under a disparate impact theory, the Seventh Circuit has ruled. Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019). Accordingly, in Illinois, Indiana, and Wisconsin, job applicants…