The Week in FFCRA Cases Includes a Class Action Suit against the USDA

Four cases came across the wire this week and we have chosen to highlight them all. Most unusual is the class action suit in the Commonwealth of Pennsylvania against the U.S. Department of Agriculture (USDA), alleging unlawful and onerous restrictions on SNAP eligibility, which is administered by the USDA. This is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated. We believe McPhee will be an interesting one to watch because it is one of the first cases we have seen where a Plaintiff attempted to take FFCRA leave to care for a family member who is not their own child.

• Class Action Complaint, Gilliam v. Dep’t of Agric., No. 2:20-cv-03504 (E.D. Pa. July 16, 2020)
• A class of plaintiffs eligible for Supplemental Nutrition Assistance Program (“SNAP”) benefits sued the U.S. Department of Agriculture (“USDA”) for unlawfully narrowing eligibility for emergency allotments under SNAP in violation of FFCRA. SNAP is a food stamp program meant to help low-income households alleviate hunger and malnutrition by providing non-cash nutritional support. In an effort to address the increase in food prices during the coronavirus pandemic, FFCRA’s SNAP provision required that additional emergency allotments be sent to households already receiving SNAP benefits. However, the complaint alleges that the USDA’s guidance on this illegally capped benefits to households’ existing maximum allotments. Plaintiffs argue that this guidance prevents those with the lowest incomes from receiving additional benefits, while distributing the largest allotments to those with higher incomes. The Plaintiffs claim that this regulation goes against Congress’s intent to protect vulnerable families’ food security.

• Complaint, McPhee v. Nations Client Resolution, L.L.C., No. 0:20-cv-61457-XXXX (S.D. Fla. July 18, 2020)
• Plaintiff sued her employer for denying her paid sick leave rights and for retaliation in violation of FFCRA. During the Covid-19 pandemic, Plaintiff’s grandfather became sick and tested positive for Covid-19. She requested paid leave from work to take care of her grandfather. After providing her employer with the proper documentation, her employer immediately terminated her. Plaintiff claims she was considered an exceptional employee and had no prior issues and she believes she was terminated because she requested leave. 

• Complaint, Hill v. K & D Petroleum, Inc., No. 2:20-cv-00373-JMS-MJD (S.D. Ind. July 21, 2020)
• Two Plaintiffs, cashiers, sued their employer for withholding paid leave wages and for retaliation and wrongful termination in violation of FFCRA. The Plaintiffs are coworkers and friends who spend significant amounts of time together. The daughter of one Plaintiff began experiencing suspected symptoms of Covid-19 so both Plaintiffs self-quarantined out of caution. After seeking medical assistance, they requested medical leave and provided proper documentation to their employer. Defendant refused to pay Plaintiffs during the duration of their leave. In addition, the employer terminated one of the Plaintiffs.

• Complaint, DePhillip v. Johnson Peerless, Inc., No. 2:20-cv-00190 (S.D. Tx. July 21, 2020)
• Plaintiff, a garment presser, sued her employer, a cleaning company, for denying her paid sick leave and for retaliation in violation of FFCRA. Plaintiff notified her supervisor that she was experiencing Covid-like symptoms and that she was advised to self-quarantine while awaiting her test results. Her supervisor reacted negatively, accusing her of lying and demanding strict proof. When Plaintiff received her test results and notified her employer, she was told she would not be paid for the days she did not work, and that she was fired.