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COVID-19 Employment Litigation Tracker And Insights

This COVID-19 Employment Litigation Tracker includes cases that were a direct result of the COVID-19 pandemic and are traditional employee vs. employer cases - both individual plaintiff and class actions. This should be considered a comprehensive, but not exhaustive, dataset.

The Cases by Population tab includes a visual representation of the number of cases filed per one million residents in the state. State population data was determined using the most recent census data available.

The industry and company size tables and graphs were developed using the primary defendant’s information when the case involves multiple defendants. Company size information is provided where the number of employees is available via public resources.

For substantive inquiries about the data, please contact a team member of the COVID-19 Taskforce or your Fisher Phillips attorney. For media inquiries, please contact Meghan Warin or Jenna Gatski Einstein.

COVID-19 DATA BANK (TEMPLATES & FORMS)

Legal Insights

Click on an article title below to read the latest on COVID-19-related workplace litigation and trends, or click here to subscribe to our alerts on COVID-19 or other topics.

  • Georgia Extends Limited COVID-19 Liability Protections May 18, 2021 (NEW!)
  • What New York City Employers Need to Know About The First Court Rulings in Early COVID-19-Related Workplace Litigation May 18, 2021 (NEW!)

  • All In The Family, Part Two: Court Again Dismisses Lawsuit Alleging Family Member’s COVID-19 Workplace Exposure Claim, May 17, 2021 (NEW!)
  • Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height, May 10, 2021 (NEW!)
  • South Carolina Passes COVID-19 Liability Immunity Act, May 3, 2021 (NEW!)
  • COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses, April 28, 2021
  • Heightened Scrutiny of Noncompete Agreements During the Pandemic Continues, April 27, 2021 
  • What Employers Need To Know As Kentucky Eases COVID-19 Restrictions, April 21, 2021 
  • Pennsylvania Meatpackers Can’t Force OSHA to Act on COVID-19 Concerns, April 19, 2021 
  • Heat Check: Employee Temperature Screenings are Leading To COVID-19 Wage and Hour Lawsuits, April 15, 2021 
  • COVID-19 Employment Lawsuits Premised on State Law Violations on the Rise, April 14, 2021 
  • Taking Your Foot Off The Gas Too Early Could Lead To COVID-19 Workplace Safety Lawsuits, April 13, 2021 
  • Kentucky Becomes Latest State to Protect Businesses from Pandemic-Related Liability, April 13, 2021 
  • Facemasks Add New Twist To Reasonable Accommodation Debate, Demonstrated by Latest COVID-19 Lawsuit, April 8, 2021 
  • Employers Should Think Twice Before Denying Virus-Related Leave Requests as COVID-19 Lawsuits Increase, April 6, 2021
  • All In The Family? Employee’s Wife Brings Suit Against Employer After Alleged Workplace COVID-19 Exposure, March 25, 2021 
  • Promises Made, Promises Not Kept: Salesperson Terminated Due to Pandemic Alleges Firm Reneged on Promise Not to Enforce Non-Compete, March 22, 2021 
  • Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims, March 15, 2021
  • First Lawsuit Challenging Mandatory COVID-19 Vaccine May Shed Light On Employer Parameters, March 5, 2021
  • COVID-19 Litigation Is Testing the Limits Of California Expense Reimbursements – Is Your Business Safe?, March 1, 2021
  • Indiana Businesses Are Now Protected From COVID-19 Liability – But What About Employment Claims?, February 23, 2021
  • Driving Away Business: Employee Furloughed During COVID-19 Accused Of Misappropriating Trade Secrets While Opening Competing Company, February 18, 2021
  • Court Enters Injunction Against California Poultry Plant Over COVID-19 Outbreak, February 16, 2021 
  • Unhappy Anniversary: One Full Year Of COVID-19 Workplace Litigation, January 29, 2021
  • Kentucky Senate Proposes Bill To Protect Businesses From Pandemic-Related Liability, January 11, 2021
  • 5 Steps Manufacturing Employers Should Take As Industry Remains Top Target For COVID-19 Workplace Claims, January 4, 2021
  • FP’s Newly Enhanced COVID-19 Litigation Tracker Reveals 3 Surprising Trends For Employers, November 16, 2020
  • 10-Step Plan To Limit Exposure For California PAGA Health And Safety Claims In The COVID-19 Era, September 30, 2020
  • COVID-19 OSHA Whistleblower Claims On The Rise As Virus Rages On, September 16, 2020

ADDITIONAL ALERTS

  • 3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits, September 16, 2020
  • Caregiver COVID-19 Workplace Litigation Begins To Emerge, September 10, 2020
  • Nevada Enacts COVID-19 Liability Protection For Businesses But Imposes Additional Mitigation Requirements For Public Accommodation Facilities, August 11, 2020
  • COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers, August 10, 2020
  • Employers Face Increase In COVID-19 Wrongful Death Lawsuits, August 7, 2020
  • A Sign Of The Times: Georgia Businesses Receive COVID-19 Liability Protection, August 6, 2020
  • Emerging Trends In COVID-19 Workplace Litigation, August 5, 2020
  • FP COVID-19 Employment Litigation Tracker Reveals New York Is A Hotspot For Workplace Claims, July 24, 2020
  • Oh Baby! Pattern Of COVID-19 Pregnancy Discrimination Litigation Beginning To Grow, July 10, 2020
  • Choppy Seas: Alleged Involuntary Quarantine Of Employees Lands Employer in Wage and Hour Class Action, July 6, 2020
  • Flipping The Script: Employer Sues Former Worker For COVID-19 Defamation, July 2, 2020
  • FP COVID-19 Employment Litigation Tracker Reveals 43% Explosion Of Workplace Claims In June, July 2, 2020
  • Is COVID-19 A Disability Under Discrimination Law? The Next Wave of Workplace Lawsuits May Answer Question, June 19, 2020
  • Troubling Pattern Of COVID-19 Workplace Litigation Begins To Emerge, June 17, 2020
  • 6 Questions To Ask To Avoid COVID-19 Wage And Hour Lawsuits, June 9, 2020
  • Whistleblower Lawsuit Can Teach Healthcare Employers How To Proactively Manage COVID-19 Risks, June 9, 2020
  • A New Wave Of COVID-19 Class Action Lawsuits Begins In California, June 1, 2020
  • Employers Beware: COVID-19 Litigation May Spark Additional Claims, May 28, 2020
  • Face Mask Policy Leads To COVID-19 Lawsuit Against Texas Restaurant, May 26, 2020
  • Can Employers Use COVID-19 Waivers To Limit Liability?, May 26, 2020
  • Fisher Phillips Litigators Pull Back Curtain On 2 Novel Trial Strategies That Will Come Up In COVID-19 Litigation, May 20, 2020
  • Litigation Seeking Unpaid Wages From Employers Impacted By COVID-19 Has Arrived, May 7, 2020
  • New COVID-19 Lawsuit Sends Warning To Employers Too Large To Be Covered By FFCRA, May 6, 2020
  • Fair WARNing: COVID-19 WARN Act Class Action Filed Against Hooters, May 6, 2020
  • Develop A Proactive COVID-19 Workplace Safety Plan Or Risk Employees Seeking Court Intervention, May 2, 2020
  • What Employers Can Learn From The First FFCRA Interference And Retaliation Lawsuits, April 20, 2020
  • Measuring Worker Temperatures Could Lead To Wage And Hour Claims, April 13, 2020
  • How To Avoid Wrongful Death And Injury Claims For Workplace COVID-19 Exposure, April 13, 2020

COVID-19 Employment Litigation Overview

Even before many states have opened back up for business, plaintiffs’ lawyers have already begun filing lawsuits against employers, asserting a variety of claims – from workplace safety violations and wage and hour issues, to discrimination and employee privacy claims. Because of the speed at which laws have changed and the rapidly evolving circumstances – and ambiguity on how to manage certain situations – employers have been and will continue to be a hot target for labor and employment litigation arising from COVID-19 in the coming months.

You trusted us to guide you through the front side of the curve as you grappled with keeping up with fast-breaking legal developments, and we are here to advise and defend you through the resulting lawsuits, charges, and other legal claims you may soon face. Our talented team of litigators from across the country has been studying the nuances of the new legal requirements, tracking the varied legal claims springing from the COVID-19 crisis, and developing defense strategies to best position our clients to get through this new era. Our team is prepared to help employers nationwide with legal disputes related to:

  • Furloughs, layoffs, reductions-in-force, and other terminations
  • WARN Act implications
  • Wage and hour adjustments
  • FFCRA paid sick leave and emergency family leave
  • Workplace safety compliance concerns
  • Wrongful death, workplace injury, and negligence claims
  • Workplace privacy standards (including medical information, temperature-gathering, etc.)
  • Disability accommodation issues
  • Discrimination, harassment, and retaliation allegations
  • Employee defection, duty of loyalty, and trade secrets
  • Class and collective actions

COVID-19 Taskforce CORE MEMBERS

Fisher Phillips has assembled a cross-disciplinary taskforce of more than 70 attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 pandemic and as employers move to reopen their business and get employees back to work. For more information about the taskforce, please reach out to one of the core members below or contact your Fisher Phillips attorney.

  • Kathie Caminiti
  • Todd Ewan
  • Karl Lindegren
  • Todd Logsdon
  • Suzanne Michael
  • Kristen Nesbit
  • Hagood Tighe
  • Travis Vance
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