Understanding Workplace Class Action Litigation Trends for 2011

Strategies For Corporate Counsel For Dealing With Evolving Trends in Workplace Class Actions

• First, successful cases brought by plaintiffs’ class action lawyers are inspiring copy-cat filings as well as driving up settlement demands by those bringing workplace class actions. What should employers do to avoid these hefty settlement demands?
  
• Second, the Supreme Court’s grant of certiorari in Dukes v. Wal-Mart in December sets the stage for a potentially landmark decision regarding Rule 23 of the Federal Rules of Civil Procedure. What can employers learn from the issues in Dukes?
  
• Third, the economic downturn and resulting lay-offs have sparked a major jump in FLSA collective actions for unpaid overtime wages. How can employers minimize wage and hour litigation risks in 2011?
  
• Fourth, setbacks to the Democrats’ legislative agenda in the November mid-term elections will likely place greater emphasis by the Obama Administration on regulatory means of enforcement. How can employers prepare for this new wave of enforcement litigation?
  
• Fifth, the latest EEOC annual report asserts that its goal is to shift emphasis from smaller suits on behalf of individuals to systemic “pattern or practice” lawsuits encompassing much larger groups of workers. What can employers do to stay ahead of this development?
  
• Sixth, the Class Action Fairness Act, designed to tighten access to state courts in filing class actions, has prompted a surprisingly large number of decisions, driven by the high volume of wage & hour filings in California. What should employers know about how the plaintiffs' bar is approaching this Act, and how it impacts litigation strategies for employers?
  
• Seventh, and finally, the financial stakes in workplace class action litigation increased in 2010.  Plaintiffs’ lawyers have continued to push the envelope in crafting damages theories to expand the size of classes and the scope of recoveries. What should employers know about how plaintiffs' lawyers are approaching class action litigation and recoveries, and how this may impact their own approaches to complex litigation?

If you have any questions, please contact events@seyfarth.com, and reference this event.

The Annual Workplace Class Action Litigation Report by Seyfarth Shaw LLP has become the leading compendium of federal and state court complex litigation rulings and trends. Please join Seyfarth attorneys for a webinar to discuss the finding of the 7th Annual Report that focuses on these trends, their impact on workplace litigation, and steps that employers can take to minimize litigation risks in 2011: