18th Annual Workplace Class Action Report - 2022 Edition

14 Annual Workplace Class Action Litigation Report: 2022 Edition In terms of the ERISA class action litigation in 2021, 5 the decisions show that employers had the best chance of defeating class certification in the context of ERISA class actions. Courts issued 16 rulings on class certification in 2021, with plaintiffs prevailing in 8 of 14 decisions, or 57%. As a result, 2021 marks plaintiffs’ lowest rate of success in terms on certifying ERISA class action in recent years by a fair margin. In 2020, plaintiffs won 11 of 16 certification rulings, a success rate of 69%. In 2019, plaintiffs won 11 of 17 certification rulings, a success rate of 65%. By comparison, in 2018 plaintiffs won 11 of 17 certification rulings for a similar success rate of 65%, and, in 2017, plaintiffs prevailed in 17 of 22 certification rulings, for a success rate of 77%. A map illustrating these trends is shown below: Analysis Of ERISA Decisions CIRCUIT COURT D.C. Circuit Certification Motions Granted 0 0 1 0 1 0 3 1 1 0 1 0 Certification Motions Denied 0 1 0 0 0 0 0 3 0 1 1 0 Decertification Motions Granted 0 0 0 0 0 0 0 0 0 0 0 0 Decertification Motions Denied 0 2 0 0 0 0 0 0 0 0 0 0 Sub-Total: 8 Certification Motions Granted / 6 Certifications Motions Denied 0 Decertification Motions Granted / 2 Decertification Motions Denied Overall Trends So what conclusions overall can be drawn on class certification trends in 2021? In the areas of wage & hour and employment discrimination claims, in particular, the plaintiffs’ bar is converting their case filings into certification of classes at a high rate. To the extent class certification aids the plaintiffs’ bar in monetizing their lawsuit filings and converting them into class action settlements, the conversion rate is robust. While class certification rates in ERISA class actions took a nose dive in 2021 compared to prior years (8 motions granted and 6 motions denied in 2021, for a success rate of 57%), class certification for employment 5 An analysis of rulings in ERISA class actions in 2021 is set forth in Chapter VI, Section A.