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Rise in Workplace Class-Action Litigation Looms: Experts

Business Insurance

The COVID-19 pandemic will generate more workplace class-action litigation this year, particularly for wage and hour issues, experts warn.

There has been a significant increase in the size of aggregate class-action settlement recoveries, particularly last year, and the trend is expected to continue.


Another issue is nonuniform laws. Plaintiffs attorneys will take advantage of the “complicated patchwork” of employment-related laws, said Jason E. Reisman, a partner with Blank Rome LLP in Philadelphia.

He pointed to a July 2021 ruling by the Pennsylvania Supreme Court in Re:, Inc. that held, in part, there is no “de minimis” exception under Pennsylvania’s wage laws, which means employers must pay workers for even minimal amounts of time, such as minutes spent going through screening. This is not the case under the FLSA.

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"Rise in Workplace Class-Action Litigation Looms: Experts," by Judy Greenwald was published in Business Insurance on January 25, 2022.