January 2021

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In EEOC v. JBS USA, LLC, No. 10-CV-2103, 2021 U.S. Dist. LEXIS 13012 (D. Colo. Jan. 25, 2021), an EEOC-initiated lawsuit alleging a meatpacking engaged in a pattern or practice of discrimination on the basis of race, national origin, and religion, the U.S. District Court in Colorado denied the
Continue Reading Court In Colorado Chops Off EEOC’s Motion For Reconsideration In Systemic Discrimination Lawsuit Against Meatpacker

By Jennifer A. Riley and Michael L. DeMarino

Seyfarth Synopsis: The ABA’s “anti-contact” rule prohibits attorneys from communicating with represented parties concerning the subject matter of the case. In Moore, et al., v. Club Exploria, LLC, No. 19-CV-2504, 2021 WL 260227 (N.D. Ill. Jan. 26, 2021), the court sanctioned defense counsel for calling plaintiff’ s cell number as part
Continue Reading Primer On The Line Between Proper And Improper Communications With Parties In A Class Action

By Gerald L. Maatman, Jr.

Seyfarth Synopsis: In its recent review of Seyfarth’s 2021 Annual Workplace Class Action Litigation Report, EPLiC Magazine called the Report a “must-have resource,” the “only publication of its kind,” and that no corporate counsel “should be without it.”

We are humbled and honored by the recent review of our 2021 Annual Workplace Class Action Litigation
Continue Reading Accolades For Seyfarth’s 2021 Annual Workplace Class Action Litigation Report

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On January 19, 2020, the EEOC released its second-ever Annual Performance Report (“APR”) for Fiscal Year 2020 (see here). In essence, it is a report card on the Commission’s activities, including its record relative to enforcement litigation. That said,
Continue Reading EEOC Update: The Commission Releases Its FY 2020 Litigation Performance Report Card

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On January 14, 2021, the EEOC approved and issued newly updated procedures regarding its delegation of litigation authority and procedures, as well as its revised procedures for participating in cases as amicus curiae. These changes, first reported by us here,
Continue Reading EEOC Update: The Commission Issues New Litigation Delegation And Amicus Curiae Procedures

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2020, in addition to a pre-publication preview of our annual report on developments and trends in EEOC-initiated
Continue Reading 2020’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation (And A Preview of Our Annual EEOC Litigation Report)

Seyfarth Synopsis: In our continuing video blog series analyzing the findings in our Workplace Class Action Report, trend #5 focuses on the success factor of the plaintiffs’ bar for class certification rulings in 2020. In the video, Jerry Maatman discusses how wage & hour litigation remained the sweet spot for the plaintiffs’ class action bar in 2020 and what this
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #5 Class Certification Trends Video

By Gerald L. Maatman, Jr.

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, wage & hour litigation remained the sweet spot for the plaintiffs’ class action bar over the past year. Based on sheer volume and statistical numbers, workers certified more class and collective actions in the wage &
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #5 Class Certification Trends

Seyfarth Synopsis: In our continuing video blog series outlining the findings in our Annual Workplace Class Action Litigation Report, trend #4 detailed how government enforcement litigation shifted in 2020, with changes representing a significant shift in philosophy and practice. Listen below as Jerry Maatman explains what occurred in the government enforcement world last year and what is apt to happen
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #4 Government Enforcement Litigation Video

By Gerald L. Maatman, Jr.

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, in 2020, government enforcement litigation slowed considerably. Although the value of government enforcement settlements went up, agencies like the EEOC downsized their litigation enforcement programs and brought fewer lawsuits in 2020 than in any year of
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #4 Government Enforcement Litigation