Posted April 24, 2020
It comes as no surprise that as more Americans face unsafe working conditions, layoffs and wage and hour violations, employment class action lawsuits are on the rise. In an article by law.com, government, factory, and salon employees have already begun filing class actions and lawyers are prepared to take on more.
The common violations being reported include:
- Denied wages
- Discriminated during layoffs
- Unsafe working conditions
- WARN Act violation
- Employee privacy violations
Employment Safety Issues
One of the major issues being reported by employees is unsafe working conditions due to the lack of personal protective equipment available. These employees are claiming that due to their jobs, they are being exposed to “virulent biologicals.”
In addition to the lack of personal protective equipment, employees are claiming that employers are not allowing them to work remotely when it is possible or to at least implement social distancing standards via modified workspaces.
WARN Act Compliance
As some employees are facing unsafe working conditions, others are facing unemployment without warning. This is a direct violation of the WARN Act.
The WARN Act is a United States labor law that protects employees, their families, and communities that requires employers with 100 or more employees to provide 60 calendar-day advance notifications of plant closings and mass layoffs of employees.
As a result of COVID-19 outbreaks, some companies, factories, and corporations closed their doors without issuing an official notice to employees. While states like California suspended WARN Act notice requirements temporarily, employers are still required to provide unpaid vacation time or other benefits within 30 days.
Fifth Amendment Violations: Eminent Domain and Just Compensation
Employers are also filing class action lawsuits on the basis of Fifth Amendment violations. Under the Eminent Domain and Just Compensation clause of the amendment.
- Eminent Domain is the power of a sovereign entity to take or appropriate any land within its borders for any purpose that it deems necessary or beneficial. As a result of government mandate closures, some business owners feel that Eminent Domain does not quantify the actions of the government as it pertains to COVID-19.
- Just Compensation is given as fair market value of a parcel of property that is paid to a landowner who has had his or her property taken by the government. In the case of the novel coronavirus, business owners feel as though the government has not provided them with just compensation for the mandated closures.
Employment Class Action Suits During COVID-19: Know Your Rights
Whether you are a business owner or an employee, know that you have rights during this uneasy time. COVID-19 has caused mass chaos and disruption to the workforce but that does not mean your needs will not be met.
If you have a class action suit you would like to pursue, contact us immediately. We are working with lawyers across the country to help seek justice on your behalf.
Posted in Employee Rights.