Podcast: Why Class Action Employment Cases Are on the Rise
On this podcast, Seyfarth Shaw partner Gerald Maatman discusses with XpertHR Legal Editor David Weisenfeld the record rate for employment law class actions in 2019, an upward trend employers cannot afford to ignore. Maatman authored the firm's 16th Annual Workplace Class Action Litigation Report, which pointed to "seismic shifts" in the employment law class action landscape.
The rise in class certifications (the largest in the past decade) came about despite a strong headwind of pro-employer rulings from the Supreme Court in recent years, including Walmart v. Dukes and others, that made it more difficult to certify a class. Nonethess, Maatman notes that federal courts certified class actions last year at the highest rate in the report's history:
- 81% for wage and hour cases;
- 65% for ERISA cases; and
- 64% for employment discrimination.