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.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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