A Lawyer’s Guide to Navigating Modern Workplace Class Litigation

Both 2018 and 2019 were landmark years for complex employment-related class action disputes. With a multitude of significant legal rulings, as well a massive spike in sexual harassment lawsuits and gender-based discrimination claims, it is essential to be well-informed with respect to the cutting-edge legal trends of 2020.

The plaintiffs’ class action bar has refined class certification theories to work around the tightened Rule 23 standards in the U.S. Supreme Court’s rulings in both Wal-Mart Stores v. Dukes and Comcast Corp. v. Behrend and is employing similar creativity in escaping the class waiver decisions of Epic Systems and Lamps Plus.

Significant rulings since early 2018 also have altered the legal landscape and associated litigation strategies for employers for years to come. These changes were the result of rulings affecting standing concepts and jurisdictional challenges, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on tolling and applying the statute of limitations in class actions.

This session will brief our attendees on crucial employment law class action developments during 2019 and the first half of 2020, and offer perspectives on the anticipated impact of these cases in 2020 and beyond.

We will review these and other key issues:

• What creative legal theories have plaintiff counsel implemented to work around the commonality and predominance requirements of Rule 23 following the U.S. Supreme Court’s opinions in Wal-Mart Stores v. Dukes and Comcast Corp. v. Behrend?
• What are the notable trends emerging in workplace class actions?
• What are effective strategies for settlement of workplace class actions?