Employers are paying out more for legal settlements and judgments for cases brought by employees over how they are being treated.
According to the employment law firm of Seyfarth Shaw LLP, settlements for the 10 biggest class-action suits brought by employees grew an astounding 55% to $2.72 billion in 2017 from $1.75 billion the year prior.
The trend in employee class actions reflects a similar trend of individual actions, which should be a wake-up call for employers to review their human resources policies and practices.
These cases include claims for:
It’s unlikely that the aggregate record settlement amount in 2017 – the highest Seyfarth Shaw has recorded since it started keeping track in 2003 – may constitute a trend as many of the actions were government enforcement lawsuits against employers brought by the Obama administration. The business-friendly Trump administration delivers on promises of less government intervention and reduced federal enforcement efforts.
But the law firm predicted that 2018 could be still be significant in light of the #MeToo movement after numerous allegations of sexual harassment have sunk the careers of high-profile businessmen, actors and politicians. Lawyers expect more rank-and-file workers, emboldened by the news reports, to file lawsuits against their employers alleging sexual harassment by superiors.
Also, in a bit of pushback against the Trump administration’s policies, a number of state attorneys general have been taking a more aggressive stance on workplace issues and they could pick up part of the slack.
The stakes are high for employers. Employee-initiated lawsuits can drag on for years and can be expensive even if the employer wins the case.
Legal fees can easily reach into the hundreds of thousands of dollars and sympathetic juries can punish a company with large awards. Combined, legal fees and awards or settlements can sink a small business by crimping its cash flow and causing irreparable damage.
As an employer, you should review your policies on harassment and discrimination, your pay practices and how you are classifying employees and independent contractors.
You should consider: