California Wage And Hour Class Actions Against Employers
While you are working tirelessly to earn a living for you and your family, many California employers are going out of their way to cheat workers out of their hard-earned wages. When you are part of a large group that has been subject to these unlawful practices, you may want to file a class action against your employer rather than an individual lawsuit.
A wage and hour class action is a legal mechanism that allows employees in California to sue employers collectively for labor law violations. Understanding how it works, its common examples, benefits and risks can be valuable in protecting your financial rights.
When any of these wage and hour claims or other violations occur on a large scale at your workplace, Caskey, Holzman & Barari will take swift action to fight for every dollar you rightfully deserve. Located in Calabasas, we are passionate about protecting your rights and putting a stop to the unlawful and unfair practices many employers use to cheat their workers.
Common Wage And Hour Violations In Class Actions
Some examples of class action wage and hour claims include:
- An employer requiring their day shift employees to work through lunch
- A manager making their employees work after they clock out to meet their production goals
- An organization misclassifying a group of workers as independent contractors to avoid paying overtime
- An employer refusing to reimburse employees for using personal phones or cars, or buying tools for work
Forming a class action can help in recovering fair compensation.
Are You Eligible To Join A Class Action?
You may be eligible to join a wage and hour class action, provided that you meet these requirements:
- You experienced the same illegal action as the current and former employees in the company.
- You held a specific job title or performed duties similar to those of others in the action group.
- Your employment falls under the class period date of the lawsuit.
If there is an existing class action lawsuit occurring in your organization, you may receive a notice from the employees who started the group. This gives you the choice to join or opt out of the class.
Why Should You Be Part Of A Class Action?
If you have concerns about the wage and hour practices of your employer, you may not be alone. Employers rarely target just one of their employees with these tactics. But even if all of your co-workers are impacted, why should you be a part of a class action rather than act alone?
- The more people involved, the better your odds may be. Not only may we have more evidence of wrongdoing, but also a large class action may pressure an employer into settling for a favorable amount, allowing us to avoid the costs of contentious litigation.
- Attorneys dedicate more time to class actions. The sheer scale of class action lawsuits ensures that you receive the full time and attention of your attorneys. We put our full backing behind these serious cases because we know the stakes are high.
- It may put a permanent stop to the problem. As a community, we may benefit more from class action lawsuits. When an employer loses one wage and hour case, they may think it’s acceptable to continue their practices anyway. Losing against a class action, however, has more serious consequences, and they may not want to risk another major loss.
What Compensation Can You Recover?
Compensation depends on the type of class action you are participating in. Usually, you may recover:
- Unpaid overtime pay
- Off-the-clock work pay
- Minimum wage gaps
- Missed meal or rest breaks
- Unlawful deductions
- Waiting time penalties
Filing a wage and hour claim alone can be intimidating, but a class action lawsuit empowers you to hold employers accountable.
How The Class Action Process Works In California
Before a class action takes place, employees must follow these steps:
- Filing a case: One or more individuals file a complaint against the employer on behalf of a larger group.
- Class certification: The courts must certify the class if the plaintiffs can prove that it is ascertainable, numerous, common, typical and adequate.
- Discovery phase: Both parties must exchange evidence to negotiate a settlement. If this is not possible, a trial may occur.
- Settlement and payout: The judge approves the settlement or provides a judgment before participants of the action receive notice of their settlement share.
The entire process may take years, depending on the case’s complexity.
Why Having The Legal Advocates Of Caskey, Holzman & Barari Can Make A Difference
You may be inclined to form a class action among your colleagues, but not knowing where to start can be stunting. Our lawyers can be the launching pad for recovering the money you worked hard for.
With our attorneys’ assistance, we can investigate your group’s claim and ensure that it can meet the judge’s criteria for certification. Moreover, we are ready to negotiate for maximum payouts and stand by for a potential trial. Our goal is to ensure that your employer does not repeat the same violations in the future.
Answering Your Most Commonly Asked Questions On Class Actions
When there is a pathway to recovering what is yours, it is normal to want to know more about it. Here are the queries we often receive about wage and hour class actions.
Do I have to pay anything to join?
No, you do not have to pay anything to join a class action.
Can my employer retaliate for joining a class action?
Under California law, employers cannot retaliate against you for joining a class action. This classifies as a protected activity, which means that it shields you from retaliation.
What if I signed an arbitration agreement?
If you signed an arbitration agreement with a class action waiver, you may be barred from participating in the group lawsuit. However, you may still file an individual lawsuit through the Private Attorneys General Act (PAGA) representative action.
If you want to learn more about class actions, our team invites you to connect with us.
Schedule A Free Consultation Today
Navigating California’s dense and strict labor laws requires experienced legal guidance to ensure your rights are aggressively defended against powerful corporate interests. Based in Agoura Hills, our firm proudly represents workers throughout the Los Angeles Metro, San Fernando Valley, and Ventura County. We urge you to contact our team today so we can review your situation, outline your options, and help you secure the maximum payout possible. Call our lawyers at 323-391-3984 today.