We have the right to work without harassment, discrimination, and retaliation.
And employers must pay employees for the hours they work.
If you’ve experienced a hostile workplace and unlawful business practices, others likely have, too.
The class action lawsuit is typical in employment cases because it enables employees with similar claims to sue the employer.
Rather than each person pursuing an individual lawsuit, one or several representative plaintiffs bring the lawsuit on behalf of the larger class.
Since there is typically a lot on the line in a class action lawsuit, businesses take them extremely seriously.
How Do Class Action Lawsuits Work?
Whether you work in agriculture, manufacturing, construction, or making movies, we can help you protect your rights by explaining how class action lawsuits work.
What Are the Requirements for a Class Action?
To begin a class action lawsuit, the class representatives or “named plaintiffs” file a complaint with the court, requesting class action certification.
For the court to certify the class, the case must meet California Code of Civil Procedure Section 382’s criteria, which requires:
- Numerosity – The number of potential class members is so large as to make it impracticable for all of them to file individual lawsuits.
- Ascertainability – While the class must be numerous, it must also be definitive. The court will review the class definition, estimated class size, and the means of identifying class members.
- Commonality – The claims must have a well-defined common issue of law or fact that a single case can address.
- Typicality – The claims of the named plaintiffs must be typical of the claims of the class as a whole.
- Adequacy of representation – The named plaintiffs must be able to represent the interests of the class adequately. They must not have conflicting interests with other class members.
- Predominance – The common issues of law or fact must predominate over any individual issues so that class treatment is superior to alternative methods of proceeding with the case, including individual litigation.
The court uses these criteria to determine if a class action is appropriate and fair for resolving the dispute.
If the case meets these criteria, the court will certify the class, and the lawsuit can proceed as a class action.
Benefits of a Class Action
Understanding how a class action lawsuit works is the first step to recognizing the benefits.
First, the class action gives the class the ability to obtain more substantial compensation using the power of numbers.
Second, the outcome applies to all class members unless they opt out of the lawsuit.
Thus, the potential benefits of an employment class action lawsuit include the following:
- Monetary compensation – If the plaintiffs win the case or reach a settlement, they may receive monetary compensation for their claims, such as back pay, overtime pay, or other damages.
- Injunctive relief – A court may issue an injunction requiring the employer to change its practices or stop engaging in unlawful conduct, which can benefit all class members and prevent similar violations from happening.
- Awareness and change – Class action lawsuits can raise awareness about employment law violations and bring attention to important issues. They can also result in changes to workplace policies and practices that can benefit employees across the company.
- Access to justice – Class actions can provide a mechanism for individuals to seek justice and redress for workplace violations that they may have been unable to address individually.
- Deterrent effect – The threat of class action lawsuits can deter employers who might otherwise engage in unlawful conduct, which can benefit employees and improve working conditions.
Overall, the potential outcomes of an employment class action lawsuit can provide significant benefits to employees and help to ensure that workplace laws and regulations are respected and enforced.
How Do Class Action Lawsuits Work: Justice for California Workers
Workplace Rights Law Group is dedicated to defending your rights and ensuring you are treated fairly on the job.
Our practice focuses on employment law matters, including wage and hour claims, class action employment lawsuits, wrongful termination cases, and discrimination claims based on gender, age, pregnancy, and other protected characteristics.
With over 75 years of combined experience, we understand the challenges of seeking justice.
Our employment attorneys have experience litigating complex employment cases and use a collaborative approach to create a unique strategy for your circumstances.
When you become a client of Workplace Rights Law Group, you benefit from our small size with personal attention and a collaborative approach to building the strongest case.
Whether you are a victim of wage theft, have experienced wrongful termination, or have been subjected to discrimination or harassment in the workplace, we are here to help.
If you believe your rights have been violated, we encourage you to contact us for a free case review.
We are here to listen to your story and to help you pursue the justice you deserve.
With over 75 years of combined experience protecting workers’ rights, you can be confident that we will fight tirelessly on your behalf.