September 13, 2021
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Trends in Covid-Related Litigation

       

Fisher Phillips has been tracking the changing face of legal developments as Covid-19 continues to affect the employment landscape and they have uncovered some important trends in employment law since the beginning of 2021’s “hot summer.” 

According to the FP tracker, the summer saw a huge uptick in employment-based litigation, a trend FP does not foresee slowing down as the country has failed to adequately deal with the rise of the Delta variant and the Biden administration adds new wrinkles with vaccine mandates. This summer, FP saw a more than 50% increase in workplace lawsuits compared to 2020, and this surge seems strongly correlated to the rise of the Delta variant, just as previous spates of lawsuits corresponded to national Covid spikes.

Among the other insights in the report, were which sectors of the economy saw the greatest number of lawsuits as well as which types of lawsuits were most popular. The healthcare industry continues to experience the major share of Covid-related lawsuits with 718 cases. Retail, manufacturing, government, and hospitality rounded out the top five.

Remote work or leave issues, employment discrimination and retaliation or whistleblowing suits comprised 78% of the caseload. FP noted that they have only just started tracking vaccine-related claims, but warned that these would most likely rise sharply in the face of stricter government and employer mandates.

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The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

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