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Stephanie L. Adler-PaindirisBlog Posts

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  • ‘No Concrete Harm, No Standing,’ Divided Supreme Court Reaffirms in Fair Credit Reporting Act Case

    The right of plaintiffs to sue for technical violations of the Fair Credit Reporting Act (FCRA) and other federal privacy laws has been the subject of much class litigation in recent years. The U.S. Supreme Court addressed this increasingly salient issue in Spokeo, Inc. v. Robins, 578 U. S. 330 (2016). “‘Article III standing requires a...… Continue Reading
    July 9, 2021
  • 2,000 COVID-19-Related Employment Lawsuits Filed in the U.S.: An Analysis of the Data and Trends

    On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark.  Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest... Continue Reading…
    April 9, 2021
  • 2,000 COVID-19-Related Employment Lawsuits Filed in the U.S.: An Analysis of the Data and Trends

    On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark.  Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest...… Continue Reading
    April 9, 2021
  • Is One Enough? Employee Asks U.S. Supreme Court if Single Utterance of Racial Slur Creates Hostile Work Environment

    Is a single utterance of an offensive racial slur – specifically the “N-word” – enough to create a hostile work environment under Title VII of the Civil Rights Act of 1964? A Black operating room aide in Dallas, Texas, has petitioned the U.S. Supreme Court to decide the question. The petition references a circuit-split on...… Continue Reading
    February 3, 2021
  • EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures

    For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs. In a January 14, 2021, formal opinion letter, the Equal Employment Opportunity Commission (EEOC) clarified that non-U.S. citizen employees working abroad may be excluded from OWBPA disclosures because such...… Continue Reading
    January 24, 2021
  • Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual

    An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not part of the “essential functions” of the employee’s position, the U.S. Court of Appeals for the Fourth Circuit has reaffirmed in...… Continue Reading
    January 22, 2021
  • Employment Law Developments to Monitor in 2021: COVID-19-Related Employment Litigation and Trends

    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....… Continue Reading
    January 21, 2021
  • Employment Law Developments to Monitor in 2021: COVID-19-Related Employment Litigation and Trends

    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.... Continue Reading…
    January 21, 2021
  • Eleventh Circuit rejects incentive awards for class plaintiffs

    Co-Author: Eric R. Magnus The Eleventh Circuit Court of Appeals recently ruled that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17, 2020)....… Continue Reading
    October 22, 2020
  • Class actions have not spiked alongside pandemic—yet

    Has the COVID-19 pandemic prompted a rise in class action employment lawsuits? Not yet, according to the numbers. For now, COVID employment litigation has been comprised mostly of single-plaintiff claims. Whether the dam will hold, however, remains to be seen. The Jackson Lewis COVID-19 Employment Lit-Watch tracks labor and employment litigation developments nationwide, as sifted...… Continue Reading
    October 1, 2020

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