One thing may lead to another: COVID-19 leave claims and FLSA collective actions

November 2020 employment law letter

Authors:

Caroline H. Gentry, Porter Wright Morris & Arthur LLP

An Ohio employee sued his employer for allegedly denying his request for paid COVID-19 leave when his doctor advised him to self-quarantine. His complaint also included a Fair Labor Standards Act (FLSA) collective action for wage and hour violations—highlighting a growing trend that presents a potential pitfall for employers.

Lawsuit allegations

Blaire Woodward works as an hourly tree care technician in Ohio. After he came in contact with an individual who was later diagnosed with COVID-19, his doctor advised him to self-quarantine for two weeks. His employer allowed him to take leave but refused to pay him for it.

Woodward sued to recover the paid leave. In addition, he filed an FLSA collective action as well as a class action under the Ohio Minimum Fair Wages Standards Act (OMFWSA), based on allegations 50 employees weren’t paid their required overtime wages. Woodward v. Vancuren Servs., Inc. (N.D. Ohio, 1:20-cv-1818).

Growing trend

Woodward isn’t alone in adding a wage and hour collective or class action to a COVID-19 leave claim:

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