News & Analysis as of

Corporate Counsel Notice Requirements Class Action

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

Husch Blackwell LLP on

Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more

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

Federal Lawsuit in New York Raises Questions About Remote Workers’ Rights Under State WARN Laws

The media companies Paramount Global and CBS Interactive, Inc., are facing a class-action lawsuit in federal court over recent layoffs, which allegedly occurred without the proper warning. The outcome of the case may shed...more

Davis Wright Tremaine LLP

Employers Beware – Slew of Class Actions Filed Alleging Violations of Washington's Pay Transparency Requirements in Job Postings

Within the past week, roughly 30 class action lawsuits were filed against myriad employers alleging violations of Washington's new(ish) pay transparency law. This is a good time for employers to review their job postings,...more

McDermott Will & Schulte

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one...more

Littler

Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

Littler on

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Dismissal of WARN Suit Against Non-Employer Project Owner

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more

Cozen O'Connor

Watershed Fifth Circuit Opinion Raises Bar for FLSA Collective Actions

Cozen O'Connor on

On January 12, 2021, the U.S. Fifth Circuit Court of Appeals issued a landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most Fair Labor Standards Act...more

Greenbaum, Rowe, Smith & Davis LLP

Recent Federal District Court Ruling Provides Insight Into How WARN Act May Apply To COVID-Related Workforce Cuts

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to their workforce in the event of a qualified plant closing or mass layoff. With certain...more

Fisher Phillips

Fair WARNing: COVID-19 WARN Act Class Action Filed Against Hooters

Fisher Phillips on

It took less than a month for the plaintiffs’ bar to seize upon what is likely to be the first of many COVID-19-related class action lawsuits alleging violations of the Worker Adjustment and Retraining Notification Act, also...more

Akin Gump Strauss Hauer & Feld LLP

A U.S.-Style Regime for Class Action Litigation Looms Large in the EU

Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more

Skadden, Arps, Slate, Meagher & Flom LLP

Exploring the New California Consumer Privacy Act’s Unusual Class Action Cure Provision

The California Consumer Privacy Act (CCPA) takes effect on January 1, 2020, and applies to all companies that do business in the Golden State. The new act is California’s rejoinder to Europe’s General Data Protection...more

Seyfarth Shaw LLP

Fifth Circuit Says Plaintiffs May Not Send Notice of FLSA Suit to Employees with Arbitration Agreements

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more

Foley & Lardner LLP

Will The Supreme Court Allow Class Action Stacking?

Foley & Lardner LLP on

Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

Bass, Berry & Sims PLC

Check your COBRA Notice!

Just when you thought it was “safe to go back in the water,” a new flurry of class action claims based on asserted deficient COBRA notices is drawing the interest of class action plaintiff law firms....more

Littler

California Court Certifies FCRA Class of Over 40,000 Applicants

Littler on

As Littler has reported, the number of class action lawsuits against employers alleging violations of the Fair Credit Reporting Act (FCRA) has continued to spike. Most lawsuits proceed in federal court, but the FCRA allows...more

Carlton Fields

A Not-So-Modest Proposal: Class Action Changes Could Have Big Impact

Carlton Fields on

Like many things these days, the legal landscape is changing. One target is class action litigation. Some important new proposals have the potential to dramatically alter class actions in the near future. In particular, these...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Holds Asset Purchaser Liable for Failure to Provide WARN Notice to Seller's Employees

In a typical corporate transaction, the parties structure the deal as an asset purchase, whereby the buyer purchases essentially all of the company’s property, equipment, goodwill, customer lists, etc. If the asset purchase...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

Cozen O'Connor

Vague COBRA Notices Could Prove Venomous

Cozen O'Connor on

A recent class action settlement serves to remind employers that the Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, has real fangs in the hands of the plaintiffs’ bar. A large financial...more

Morrison & Foerster LLP - Social Media

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

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