Workplace Class Actions: Lessons From 2018 and 2019 Settlements and Court Rulings

Although 2017 was a landmark year for complex employment-related class action disputes, the $1.32 billion spent on settling the top 10 claims of 2018 is still frightening figure. A significant increase in gender-based discrimination filings continues with the momentum of the #MeToo movement.

The plaintiffs' class action bar has refined class certification theories to work around the tightened Rule 23 standards in the U.S. Supreme Court's Wal-Mart Stores v. Dukes and Comcast Corp. v. Behrend rulings and is employing similar creativity in escaping the class waiver decisions of Epic Systems and Lamps Plus.

Significant rulings since early 2017 have altered the legal landscape and associated litigation strategies for employers for years to come. These changes were the result of rulings affecting standing concepts and jurisdictional challenges, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on tolling and applying the statute of limitations in class actions.

Listen as our authoritative panel discusses the key employment law class action trends, emerging trends, and the changing national landscape in workplace litigation.