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.

Berke-Weiss Law Weekly Roundup

July 6, 2020
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Here in New York, the governors of the tri-state area have formalized a quarantine for visitors from the hardest hit states while also mooting any chance of indoor dining in the foreseeable future, which mounting research indicates is a significant source of potential infectio

The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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