Why Would Employees Need to Bring a Class Action?
California law sets certain minimum standards for employee compensation and working conditions. An employee may take legal action if the employer fails to meet these standards. The most common claims of this sort include:
- An employer pays employees less than the California (or local) minimum wage for each hour worked.
- An employer fails to pay the minimum overtime rate–time-and-a-half–when employees work more than a certain amount of hours per-shift or per-week.
- An employer misclassifies a group of employees as “exempt” from minimum wage or overtime laws.
- An employer fails to provide employees with the required minimum number of meal or rest breaks.
- An employer requires employees to “work off the clock,” i.e., without pay.
How Does a Class Action Work?
A class action starts out like any other lawsuit. One or more plaintiffs files a complaint in court naming the employer as a defendant. In class actions there is a “lead” or “named” plaintiff who files the complaint on behalf of all other persons who are “similarly situated” to them.
Indeed, when it comes to a class action, there may be hundreds–or even thousands–of employees who fall within the proposed class. The lead plaintiff is expected to manage the case on behalf of the class members. This includes hiring a qualified class action attorney to handle the day-to-day litigation.
Before a judge will certify–approve–a proposed class action, the court must first be satisfied that the members of the class all share a common legal claim. This is often the most important part of a class action and it requires the assistance of attorneys who understand California wage and hour laws in minute detail.
But when a class action succeeds, it can provide relief for all of the workers affected by an employer’s illegal actions. So if you have concerns about possible wage and hour violations in your own workplace, contact Venardi Zurada, LLP, today to schedule a free consultation. Our qualified Walnut Creek wage and hour class action lawyers can meet with you and review your case at no cost to you. And if we can help you file a class action, you will pay nothing in fees or expenses until we recover money on your behalf.
