6 Key Trends in Workplace Litigation for 2017

The environment for employment litigation has more than ever been shaped by Supreme Court judges and settlements for wage and hour class actions rose in 2016 while those for other employment-related claims fell, according to a report on workplace class action litigation.

The Workplace Class Action Litigation Report by Seyfarth Shaw analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture those themes and others from 2016 and to identify emerging litigation trends facing U.S. companies in 2017.

“The U.S. Supreme Court decided several cases in 2016 that favored workers bringing class actions, which in turn portend significant challenges for employers facing these exposures in 2017,” said Seyfarth’s Gerald L. Maatman Jr., co-chair of the firm’s Class Action Defense Group and author of the report. “While settlements were down for employment discrimination and ERISA class actions and government enforcement litigation, settlement numbers were up for wage and hour class actions and collective actions.”

“With the change-over from a Democratic White House to a Republican one and the second most filings of wage and hour litigation over the past decade, 2017 is sure to present twists and turns for employers in dealing with these types of litigation issues.”

The report idetifies six key trends in workplace litigation:

This is the 13th edition of Seyfarth Shaw ‘s report.