The 2008 presidential election, against the backdrop of a litany of woe–the housing, financial and automaker crises; a consumer confidence rate at the lowest level in recorded history; a plunging stock market eviscerating retirement accounts; and the highest unemployment rate since 2001–promises to make 2009 an active year for lawsuits against employers, even more so than last year.
The plaintiffs' employment bar filed and prosecuted significant class-action and collective-action lawsuits against employers in 2008, and more litigation is expected this year. With a new president in office, this year will prove to be a watershed in terms of changing the landscape of labor and employment law.
Developments over the past year reveal five trends that are significant for corporate decision-makers.
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