News & Analysis as of

Class Action Damages Employment Litigation

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

Whiteford on

Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

Foley & Lardner LLP

New York Legislature Amends Pay Frequency Law to Limit Damages for First-Time Offenders

Foley & Lardner LLP on

The New York State Legislature has amended New York Labor Law (“the Law”) to reduce statutory damages for first-time violations of pay frequency requirements for manual workers while preserving the ability to impose...more

Seyfarth Shaw LLP

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

Seyfarth Shaw LLP on

On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

Morgan Lewis

Class Action Litigation Over Massachusetts Lie Detector Statute Surges: What Employers Need to Know

Morgan Lewis on

Massachusetts employers are increasingly being targeted in a growing wave of class action litigation under the commonwealth’s longstanding law G.L. c. 149, § 19B. In relevant part, the law requires that all job applications...more

Morris, Manning & Martin, LLP

What is an Improper Use of Forfeiture Case Worth? Intuit Settlement Provides Perspective

On Friday, May 16th, plaintiff’s counsel in the Rodriguez v. Intuit Inc. case filed a motion to support a settlement of $1,995,000.  The motion appears to reflect a good compromise between the parties … and as they say, a...more

Fox Rothschild LLP

New York Scales Back Damages for Frequency-of-Pay Violations

Fox Rothschild LLP on

A recent change to New York labor law means employers will no longer face business-crippling lawsuits for minor frequency-of-pay mistakes, as long as they have not previously been found to have violated the state’s...more

Morgan Lewis

Washington State Clarifies Its Pay Transparency Law

Morgan Lewis on

The Equal Pay and Opportunity Act requires employers hiring in Washington state to publish in job postings a wage scale or salary range and a general description of benefits to be offered to hired applicants. The Washington...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

Seyfarth Shaw LLP on

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Shook, Hardy & Bacon L.L.P.

Does a Day Matter Under the Massachusetts Wage Act? Contradictory Clauses Causes Court to Contend with Canons of Construction

Recently, in a case of first impression, Judge Angel Kelley of the United States District Court for the District of Massachusetts confronted a “seemingly simple” question on a motion to dismiss: does a difference of one day...more

Snell & Wilmer

House Settlement

Snell & Wilmer on

One of the most significant legal battles in collegiate athletics recently received another boost. On October 7, 2024, the proposed House v. NCAA settlement received preliminary approval from Judge Claudia Wilken in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Employers Beware - Barrage of Suits Filed Over Pay Range Disclosure Law

Employers in Washington are facing a flurry of class actions alleging violations of the state’s new pay transparency law. While it is too early to gauge the viability of the claims, employers doing business in Washington may...more

Laner Muchin, Ltd.

Illinois Supreme Court Holds A Violation Of BIPA Occurs And Accrues With Each Scan

Laner Muchin, Ltd. on

The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more

CDF Labor Law LLP

California PAGA Law Benefits Attorneys More Than Employees

CDF Labor Law LLP on

Last week, former CDF Labor Law attorney, and current CEO of the California Chamber of Commerce (“Cal Chamber”), Jennifer Barrera, published a compelling argument surrounding the issues concerning the California Private...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized

The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said that the need...more

Fisher Phillips

Favorable Court Rulings Mean NY Workers Cannot Bring Wage Notice Claims in Federal Court

Fisher Phillips on

A federal judge in New York recently held that workers cannot assert claims for violations of New York’s Wage Theft Prevention Act (WTPA) in federal court – a ruling that further helps employers defend against these...more

Burr & Forman

COBRA Litigation – 2020’s Latest Gift

Burr & Forman on

The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) became law on April 7, 1986. For most of its nearly 35-year history, litigation involving COBRA has been relatively quiet. Most COBRA claims are tag-alongs, added...more

Seyfarth Shaw LLP

Mooting Monster Class Actions: Illinois Supreme Court Decision Provides Framework For Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more

Buchalter

California Supreme Court Limits PAGA Claim Damages in Landmark Ruling Denying Plaintiff’s Wage Claim

Buchalter on

In a surprising decision, the California Supreme Court has ruled that Plaintiffs in Private Attorney General Act  (PAGA) cases cannot recover for their own or their fellow employees’ unpaid wages, but instead are limited to...more

Seyfarth Shaw LLP

Nixing Nationwide Class Action Claims: Federal Court Ruling Provides Blueprint For Businesses

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a...more

Bennett Jones LLP

Looking Forward: Canadian Class Actions in 2018

Bennett Jones LLP on

The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Robinson+Cole Data Privacy + Security Insider

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

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