Post by jeffolie on Jan 25, 2011 14:07:43 GMT -6
Workplace lawsuits are on the rise
Workplace lawsuits are great.
No company is above the law.
Companies win or squash lawsuits most of the time while Plantiffs' emotional scares last a lifetime that winning money reduced by attorneys fees & court costs never can result in making the harmed worker 'whole'.
Lawsuits deflect violence from revengeful workers and customers.
===================================================
Workplace lawsuits are on the rise
Pros, cons for workers — even those who never file a claim
WASHINGTON (MarketWatch) — Companies are facing a growing number of lawsuits related to discrimination, wages, hours and benefits — a trend that could both hurt and help workers.
While employment-related lawsuits can lead to better worker protections, plus bring money for plaintiffs, they can also put downward pressure on compensation and promotions, experts said. With suits expected to rise this year, employees — even those who will never take part in a claim — may be affected, experts said.
....One sign of the times: A record 99,922 discrimination-charge filings for private-sector workplaces were filed with the Equal Employment Opportunity Commission in fiscal 2010, up about 7% from 93,277 a year earlier. The EEOC filed 250 lawsuits in fiscal 2010.
Separately, complaints about wages and hours grew, as Fair Labor Standards Act lawsuits rose to about 6,800 in 2010 from 6,100 in 2009, with the majority brought as collective or class actions, according to data compiled by Seyfarth.
“We keep thinking that the wave has crested, but every year the numbers get larger in terms of volume than they were before,” said Gerald Maatman Jr., an attorney and the main author of the Seyfarth report. “2011 will top 2010, and we will see more and bigger cases being brought, especially on wages and hours.”
There will also be a gain in areas dominated by single plaintiffs, Maatman said. Employment-discrimination suits rose to about 14,600 in 2010 from about 13,700 in 2009, and benefits-related complaints ticked higher to more than 9,000 Employee Retirement Income Security Act suits.
...The weak economy is also playing a role in the rising tide of lawsuits. Employers that modify benefits packages may face litigation, according to Seyfarth. And with the persistently high unemployment rate, some jobless workers have focused on possible mistreatment by former employers, experts said.
...Plaintiffs’ lawyers say that charges and suits can lead to enforced rights, plus payments for wronged workers, as companies clean up their employment practices. ...Larger lawsuits can help reveal widespread bad practices that individuals might overlook. ...
Pay, promotions
Some suits can lead to fairer pay....
Upcoming cases
Two cases before the Supreme Court now could have a particularly strong impact on workers, lawyers say.
...A ruling in favor of AT&T could mean consumers and workers would be unable to bring a class action in any forum, whether in court or arbitration, said Public Citizen’s Gupta, who is also counsel for the Concepcion side.
....“Corporations are increasingly using this novel type of contractual provision to bar individuals from filing class actions in any legal forum if they want to obtain a job, purchase a car, receive a loan, or enter into other transactions,” according to the NAACP Legal Defense and Educational Fund, which filed a brief with the Supreme Court on the case.
Meanwhile, Wal-Mart v. Dukes focuses on questions about the scope of a class. The suit alleges that Wal-Mart discriminated against women employees. The class is potentially large: more than a million workers. A ruling against the company could mean that such a large class is legitimate, even though there are differences among the members of the class. A ruling is expected in coming months. Read more about the case.
... “Class actions address company-wide policies that can’t necessarily be addressed by going to the store manager.”
www.marketwatch.com/story/workplace-lawsuits-are-on-the-rise-2011-01-25?pagenumber=2
Workplace lawsuits are great.
No company is above the law.
Companies win or squash lawsuits most of the time while Plantiffs' emotional scares last a lifetime that winning money reduced by attorneys fees & court costs never can result in making the harmed worker 'whole'.
Lawsuits deflect violence from revengeful workers and customers.
===================================================
Workplace lawsuits are on the rise
Pros, cons for workers — even those who never file a claim
WASHINGTON (MarketWatch) — Companies are facing a growing number of lawsuits related to discrimination, wages, hours and benefits — a trend that could both hurt and help workers.
While employment-related lawsuits can lead to better worker protections, plus bring money for plaintiffs, they can also put downward pressure on compensation and promotions, experts said. With suits expected to rise this year, employees — even those who will never take part in a claim — may be affected, experts said.
....One sign of the times: A record 99,922 discrimination-charge filings for private-sector workplaces were filed with the Equal Employment Opportunity Commission in fiscal 2010, up about 7% from 93,277 a year earlier. The EEOC filed 250 lawsuits in fiscal 2010.
Separately, complaints about wages and hours grew, as Fair Labor Standards Act lawsuits rose to about 6,800 in 2010 from 6,100 in 2009, with the majority brought as collective or class actions, according to data compiled by Seyfarth.
“We keep thinking that the wave has crested, but every year the numbers get larger in terms of volume than they were before,” said Gerald Maatman Jr., an attorney and the main author of the Seyfarth report. “2011 will top 2010, and we will see more and bigger cases being brought, especially on wages and hours.”
There will also be a gain in areas dominated by single plaintiffs, Maatman said. Employment-discrimination suits rose to about 14,600 in 2010 from about 13,700 in 2009, and benefits-related complaints ticked higher to more than 9,000 Employee Retirement Income Security Act suits.
...The weak economy is also playing a role in the rising tide of lawsuits. Employers that modify benefits packages may face litigation, according to Seyfarth. And with the persistently high unemployment rate, some jobless workers have focused on possible mistreatment by former employers, experts said.
...Plaintiffs’ lawyers say that charges and suits can lead to enforced rights, plus payments for wronged workers, as companies clean up their employment practices. ...Larger lawsuits can help reveal widespread bad practices that individuals might overlook. ...
Pay, promotions
Some suits can lead to fairer pay....
Upcoming cases
Two cases before the Supreme Court now could have a particularly strong impact on workers, lawyers say.
...A ruling in favor of AT&T could mean consumers and workers would be unable to bring a class action in any forum, whether in court or arbitration, said Public Citizen’s Gupta, who is also counsel for the Concepcion side.
....“Corporations are increasingly using this novel type of contractual provision to bar individuals from filing class actions in any legal forum if they want to obtain a job, purchase a car, receive a loan, or enter into other transactions,” according to the NAACP Legal Defense and Educational Fund, which filed a brief with the Supreme Court on the case.
Meanwhile, Wal-Mart v. Dukes focuses on questions about the scope of a class. The suit alleges that Wal-Mart discriminated against women employees. The class is potentially large: more than a million workers. A ruling against the company could mean that such a large class is legitimate, even though there are differences among the members of the class. A ruling is expected in coming months. Read more about the case.
... “Class actions address company-wide policies that can’t necessarily be addressed by going to the store manager.”
www.marketwatch.com/story/workplace-lawsuits-are-on-the-rise-2011-01-25?pagenumber=2