Update on COVID Class-Action Lawsuits

Posted on: December 9, 2021 by Huntersure

It’s estimated that as many as 200,000 U.S. businesses closed in the first year of the COVID-19 pandemic. As Americans quarantined and the virus spread, many businesses lacked the resources and revenue to stay afloat amidst the worldwide disaster. Those that did remain open might be considered lucky, but operating a business in the COVID-19 landscape proved to be a legal landmine for many. You don’t have to look far to hear about the many COVID class action lawsuits making their way through court. Some of these COVID lawsuits are concerned with wages while others allege criminal negligence. Read on for an update on COVID legal news, and how it might impact your clients.

Wage and Hour Suits

Of all the class action lawsuits that have stemmed from COVID-19, many are related to wage and hour disputes. As COVID tests became more readily available, some employers implemented mandatory testing before staff members’ shifts — and in some cases, refused to pay for this time. Other COVID-related tasks, such as temperature checks and exposure surveys, were also often completed off the clock despite being mandated by employers. Unsurprisingly, this has spurred a number of class action lawsuits seeking wages for this lost time.

Negligence Suits

In addition to suits alleging wage theft, many suits have been filed claiming that employers have been negligent in protecting employees from COVID-19 exposure. Indeed, some businesses have failed to adhere to their state’s mask mandates and even gone so far as to discourage staff and customers from wearing masks. Situations like this have massively compromised the safety of employees and their families, and many of them are now taking legal action. There are several COVID-related negligence suits that have been filed throughout the U.S.

Discrimination Suits

Unfortunately, workplace discrimination is one of the most common types of employment class action suit, and that hasn’t changed in the wake of COVID. Indeed, there have been a number of discrimination suits that allege that employers have relegated tasks that entail potential COVID-19 exposure to minority employees. One suit claims that only Black employees were assigned to clean the rooms of COVID-positive guests in a hotel. Suits like these will likely continue as long as the pandemic rages on.

WARN Suits

The Worker Adjustment and Retraining Notification act requires all employers to provide 60 days’ written notice if 50 or more employees will lose their positions or have their hours reduced by 50% or more. With all of the businesses closed due to COVID, it’s unsurprising that there have been several class action lawsuits filed alleging employers’ violation of this act. Many companies are investing in lawyers to defend against these suits. Lawyer professional liability is important to consider for any attorney dealing with COVID-related cases.

About Huntersure

Huntersure LLC is a full-service Managing General Agency that has provided insurance program administration for professional liability products to our partners across the United States since 2007. We specialize in providing insurance solutions for businesses of all sizes. Our program features can cover small firms (grossing $2.5 million annually) to large corporations (grossing $25 million annually or more). We make doing business with us easy with our breadth and depth of knowledge of E&O insurance, our proprietary underwriting system that allows for responsive quoting, binding and policy issuance and tailored products to meet the needs of your insureds. Give us a call at (855) 585-6255 to learn more.

Posted in: Lawyer's professional liability insurance