Workplace litigators could have plenty of work this year

Jan 14th, 2009 by admin

In times of a struggling economy, it’s interesting to note which industries (and which segments of industries) end up benefiting. Minnesota Lawyer recently ran an article about how debt-collection attorneys are seeing an uptick in their workload as consumer credit-based suits rise in number.

Apparently, another practice area that’s recently become hot is workplace litigation, especially class-action cases. A report issued by Chicago firm Seyfarth Shaw, which focuses on complex employment defense work, analyzed 2008 class action and collective action workplace filings, rulings and settlements in state and federal courts, and found that class-action workplace filings rose compared with 2007 figures,and that the amount sought in ERISA class action filings is also on the rise. In fact, the collective amount of the 10 largest ERISA class actions settlements reached $17.7 billion last year, up from $1.8 billion in 2007.

Seyfarth Shaw representatives told the National Law Journal that they expect to see more laid-off workers filing age discrimination lawsuits and more workers filing ERISA lawsuits in hopes of recovering losses to their 401(k) plans in 2009.

It all adds up to a growing number of people who are seeing their economic security blankets fraying badly, often through no fault of their own, and seeking legal recourse. Plaintiff’s lawyers who concentrate on workplace rights could have a busy ‘09 if these trends continue.