That Complaint asserted claims for fraudulent inducement by omission and for declaratory relief. On January 11, 2021, four individuals with Genworth Life Insurance Company and Genworth Life Insurance Company of New York (“Genworth”) PCS I or PCS II long-term care insurance policies, Judy Halcom, Hugh Penson, Harold Cherry, and Richard Landino (“Named Plaintiffs”), filed a Class Action Complaint (“Complaint”) against Genworth in the United States District Court for the Eastern District of Virginia, alleging that Genworth withheld material information from Policyholders relating to the full scope and magnitude of Genworth’s future rate increase plans and to Genworth’s reliance on obtaining such rate increases to be able to pay future claims. What is this class action lawsuit about?.In this environment, the fundamentals of legal compliance with employer workplace obligations have never been more important,” Maatman concluded. “Added to that calculus are the challenges for business leaders posed by social media and negative publicity that inevitably accompanies workplace class action litigation. “In 2022, these issues will be coupled with an increasingly activist set of pro-employee initiatives from the Biden administration’s workplace agencies such as the Department of Labor and the Equal Employment Opportunity Commission,” he predicted. Seyfarth’s Maatman said that, “Ensuring that workers are paid consistent with federal and state overtime and wage laws is key, given that wage and hour litigation remains a huge driver of legal risk and lawsuit activity.” More Activist Initiatives Advice For Business Leaders Pay Workers Consistently Lewis.”įor more information about the Workplace Class Action Litigation Report, visit where copies can be requested. “With that platform, 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. “Workplace class action litigation in 2021 was fueled by the change from red to blue in the White House, expansion of workers’ rights, increased regulation of businesses, and aggressive enforcement of workplace laws. With the roll out of return-to-work programs and vaccine mandates in the fourth quarter of 2021, class actions by states, employee advocates, unions, and employer-groups were filed in record numbers.” Arbitration Class Action Waiver Defense Under Increasing Attack The pandemic spiked more class actions (of all varieties) and for all types of workplace issues. “The ongoing Covid-19 pandemic impacted all aspects of life, including the legal system in general and workplace class actions in particular. This state of affairs is expected to explode in 2022, with a more friendly DOL that makes wage theft its enforcement priority.” Covid-19 ‘ Continued Impact On Workplace Class Action Litigation “Based on sheer volume and statistical numbers, workers scored the most success in securing certification of wage and hour class and collective actions in 2021 as compared to other areas of workplace law. The transformation of risk for governmental enforcement litigation under the Biden administration is markedly different for employers used to the hands-off, laid back approach of the prior administration.” Wage And Hour Litigation Remains The Sweet Spot For Plaintiffs “Employers are well-served to focus on compliance with workplace laws and regulations to steer clear of government-initiated investigations and lawsuits. They include the following: Increased Government Enforcement Litigation Seyfarth’s report identified key themes from 2021 and emerging litigation trends that face U.S. Maatman noted that, “Based on sheer volume and statistical numbers, workers scored the most success in securing certification of wage and hour class and collective actions in 2021 as compared to other areas of workplace law.” Key Trends For 2022 “In point of fact, the plaintiffs’ class action bar converted their lawsuit filings into the largest settlement totals ever in 2021,” he said.
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