News & Analysis as of

Calculation of Damages Employer Liability Issues

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

Segal McCambridge on

On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Calculating Damages in Class Action Litigation - February 9th, 2:00 pm - 3:00 pm...

DCI Consulting on

While the need to calculate damages arises in a wide variety of legal contexts, employment class actions bring their own complexities. At the same time, damages in class actions can rapidly rise far beyond what is typical in...more

Fisher Phillips

New Bill Could Provide Relief to Illinois Employers in Biometric Cases

Fisher Phillips on

A new legislative proposal pending before Illinois lawmakers has the potential to make life a lot easier for employers and businesses when it comes to exposure and liability for biometric privacy claims. While the Illinois...more

Littler

Ontario, Canada: Court of Appeal Upholds $1.27 Million Damage Award for Constructive Dismissal

Littler on

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (McGuinty), the Court of Appeal for Ontario upheld the Ontario Superior Court’s decision to award an employee one of the highest damage awards ever...more

Payne & Fears

Key California Employment Law Cases: September 2020

Payne & Fears on

Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

Hogan Lovells on

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Mayer Brown

California Court Of Appeal Affirms Remittitur Of Punitive Damages To Lower Than 1:1 Ratio

Mayer Brown on

In State Farm Mutual Automobile Insurance Co. v. Campbell, the Supreme Court strongly implied that in some cases even a 1:1 ratio of punitive to compensatory damages might be too high. In Torres v. B/E Aerospace, Inc., the...more

Obermayer Rebmann Maxwell & Hippel LLP

Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA...more

Dorsey & Whitney LLP

Damages: The Dark Side of Having Employees in the United States

Dorsey & Whitney LLP on

Canadian employment law is, in many ways, far more employee favorable than U.S. employment law. With the exception of a few states, employment in the United States is “at-will.” ...more

Jackson Lewis P.C.

‘Garden Variety’ Emotional Distress Damages in Employment Matters to ‘Bloom’ in New Jersey

Jackson Lewis P.C. on

The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under...more

Proskauer Rose LLP

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

Proskauer Rose LLP on

You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

BakerHostetler

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

Carlton Fields

Sixth Circuit Rejects Rule 23(F) Petition: Comcast Not Necessarily Triggered By Antitrust Class’s Use Of A Single Damages Model...

Carlton Fields on

In an antitrust class action lawsuit, multiple theories of liability often create separable anticompetitive effects that, when combined, can result in aggregated damages, but a plaintiff’s model must measure damages...more

Mintz - Employment, Labor & Benefits...

Second Circuit Court of Appeals Holds That Supreme Court’s Comcast Decision Does Not Prohibit Class Certification Where Damages...

The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more

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