Litigation » 2021 Saw Record Workplace Class Action Settlements

2021 Saw Record Workplace Class Action Settlements


January 5, 2022

According to Seyfarth’s Workplace Class Action Litigation Report, 2021 marked the largest workplace class action settlement numbers in the 18-year history of the report. Settlements reached $3.62 billion, compared to $1.58 billion in 2020 and $1.34 billion in 2019. Wage and hour class actions were the most successful compared to other areas of workplace law, with case filings converted into successful certification rulings at a rate of 81 percent, the highest level ever. Employment discrimination certification was 69 percent successful, and ERISA actions logged a 46 percent success rate. Government enforcement and litigation ramped-up as well, showing a marked difference from the previous administration. According to the report, advocates for workers and labor are doubling down on efforts to overturn the regime of workplace arbitration agreements with class/collective action waivers established by Epic Systems v. Lewis, 138 S.Ct. 1612 (2018).

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