California Employment Class Action Claim Lawyer
A class action claim is a type of lawsuit that is brought by a small group of people on behalf of a much larger group. In employment class action suits, the plaintiffs attempt to establish that the actions taken by the employer against their small group is typical of the discrimination experienced by the larger group of people. Class action suits are an important mechanism for ensuring that anti-discrimination and civil rights laws are enforced. If you are part of a larger group of employees that have faced discrimination or unfair labor practices at the hands of your employer, you may be eligible to file a class action lawsuit. It is important to contact an experienced California employment class action claim lawyer who can help protect your interests.
Employees across the nation are protected by both federal and state law and an employer’s failure to adhere to these laws can have serious consequences. Most class action claims involve disputes over:
- An employer’s refusal to pay overtime;
- An employer’s refusal to conform to the minimum wage law;
- Mass layoffs;
- An employer’s failure to provide adequate work breaks;
- Systematic discrimination;
- Equal pay violations;
- The misclassification of employees as independent contractors; and
- An employer’s discriminatory acts.
One of the first steps required to file a class action lawsuit is to receive class certification. To fulfill the first requirement for certification, the plaintiff must demonstrate that the proposed class is significant and measurable. To this end, the court examines the estimated size of the class as well as the means of identifying its members to determine whether a class is so large that joinder of all members is impractical. To satisfy the next requirement, the employee must be able to demonstrate:
- Whether the class members shares common questions of law or fact;
- Whether the representatives present claims that are typical of the members of the class; and
- Whether the representatives will adequately represent all members as a whole.
Obtaining certification will also require that the plaintiff establish that treating the claim as a class action lawsuit is superior to individual litigation. When deciding whether to certify a suit, California courts are often guided by federal standards. If the court determines that a class is eligible for certification, the parties can proceed with the case. However, if a class certification is denied, the plaintiffs cannot move forward with the claim, although they are allowed a single appeal of the denial.
Notice to the Class
Once a class action suit has been certified, all potential members of that class need to be notified of the claim. This also comes with the right to opt out of the class, which means a member won’t be part of the suit and so won’t receive a portion of a possible settlement. If the case is dismissed, the members who chose to opt out will not be barred from later bringing an individual claim against the employer.
Many class action lawsuit are resolved through negotiation and settlement. If the parties are able to come to an agreement, the court is still required to approve the settlement before the matter can be closed. Once again, all of the members of the class must be notified that a settlement has been reached.
Contact Our California Employment Class Action Lawyers Today
Class action lawsuits are an important method of enforcing employment law, so if you and a large group of other employees have a legitimate grievance with an employer, please contact a California employment class action claim lawyer at the legal team of Scott • Wagner and Associates for a consultation.