As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace.  In addition to advising and counseling clients, Jackson Lewis attorneys are handling COVID-19-related litigation matters nationwide, and are tracking COVID-19 employment litigation trends with Jackson Lewis’ interactive COVID-19 Employment LitWatch.

Employers across the country face a variety of COVID-19-related lawsuits. Common claims include, but are not limited to:

  • Retaliation against an employee who raised health or safety concerns or requested time off or accommodations;
  • Failure to accommodate an employee’s alleged disability (or serious medical condition);
  • Violations of family and medical leave laws; and
  • Discriminatory treatment based on age, disability, gender, pregnancy, as well as race and national origin.

COVID-19-related employment lawsuits likely will increase in 2021, especially when employers begin recalling some (but not all) laid-off or furloughed employees, increasing hours or shifts for some (but not all) employees, or requiring more employees to report to work in-person.

Diving deeper into the data with Jackson Lewis’ COVID-19 Employment LitWatch, JL attorneys can identify trends that may play an important role in planning for the year ahead.  By way of example, as of January 13, 2021:

  • Approximately 1,360 COVID-19-related employment lawsuits have been filed in state and federal court since March 2020, including 70 class actions of the 1,360 cases, approximately 76% include allegations of wrongful termination.
  • Since Labor Day 2020, non-class action COVID-19-related employment lawsuits have more than doubled, with claims of discrimination and retaliation trending up. Disability leave claims have remained steady but declined as a percentage of overall claims.  Allegations of workplace safety are slowing down.
  • States with the most lawsuits to-date are California (298), New Jersey (184), Florida (115), New York (96), Ohio (80), Texas (77), and Michigan (54). Since December 1, 2020, however, states with the most lawsuits (in descending order) are California, New Jersey, New York, Florida, Texas, Ohio, and Pennsylvania.
  • Approximately 35% of all COVID-19-related employment lawsuits nationwide have been filed in California and New Jersey, and approximately 92% of those suits were filed in California and New Jersey state courts. Outside of California and New Jersey, approximately 48% of lawsuits were filed in federal court and 52% in state court.
  • Healthcare and manufacturing industries have been hit the hardest by single-plaintiff lawsuits, while hospitality, retail and consumer goods, and transportation have been hit the hardest by class action lawsuits.
  • Approximately 43% of class action complaints allege wage and hour violations, while approximately 38% allege workplace safety (24%) or disability leave violations (14%).
  • Of the 70 class actions filed to date, approximately 61% were filed in California (29) and Florida (14). Outside of California, 73% of class actions were filed in federal court. Only 21% of California’s class actions were filed in federal court.

In 2021, Jackson Lewis looks forward to working with employers to navigate the rapidly evolving world of employment law, including the new and uncharted territory of COVID-19 employment litigation.

Tags: COVID-19, LitWatch
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Photo of Stephanie L. Adler-Paindiris Stephanie L. Adler-Paindiris

Stephanie L. Adler-Paindiris is a Principal and the Co-Leader of the firm’s Class Actions and Complex Litigation practice group. Her practice focuses exclusively on the representation of employers at the trial and appellate level in state and federal courts facing class and collective…

Stephanie L. Adler-Paindiris is a Principal and the Co-Leader of the firm’s Class Actions and Complex Litigation practice group. Her practice focuses exclusively on the representation of employers at the trial and appellate level in state and federal courts facing class and collective actions as well as claims of discrimination, retaliation or whistleblowing activity on an individual basis.  She also appears regularly before administrative judges and agencies.

Ms. Adler-Paindiris has conducted over a dozen trials before juries and judges in state and federal courts. In addition, Ms. Adler has participated in arbitrations and administrative hearings before the Florida Division of Administrative Hearings as well as AAA and FINRA. Ms. Adler-Paindiris has successfully defended appeals before four Courts of Appeals and has been admitted to the U.S. Supreme Court.

Ms. Adler-Paindiris also provides on-going legal support and counsel on a daily basis for many of her clients. She routinely provides training to managers and supervisors in all areas of employment law, including but not limited to, supervisory training, sexual and racial harassment prevention, disciplinary practice, documentation policies, safety and disability management.

Ms. Adler-Paindiris is also the Co-Leader of Jackson Lewis’ Women’s Interest Network or “WIN” working with the firm’s women attorneys and clients to increase diversity and inclusion efforts both internally and with our clients.

Ms. Adler-Paindiris is active in her community supporting a number of organizations related to her five children. She is also passionate about volunteering her time and services to the Wounded Warrior Project and other organizations.

Read more about Stephanie L. Adler-Paindiris
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