Sharon Preston - Wage & Hour Law -- Do I have a Class Action Case?

You probably have experienced many situations where you were overcharged or unfairly treated by a company or employer, but either the amount was small enough or for other reasons you probably decided that the hassle of fighting with the company was not worth the time or effort. For example, have you ever been charged a few dollars more than you actually owed for a service or product? Or have you ever been underpaid slightly on your paycheck?

Most of us assume that since we are dealing with sophisticated big businesses or employers, they must know what they are doing and must be doing things right and legal way. Well, unfortunately that's not true, businesses violate the laws, especially wage and hour laws, routinely. There are many different reasons for businesses to violate the laws. Most of the time, they know and count on the fact that most employees don't know what their rights. They also count on the fact the fact that if they are short-changing employees in small amount, employees wouldn't spend the time or energy to get back a small amount of money. More often businesses know that they are breaking the law, but they make the calculation that even if they are sued and they loose, they would still come out ahead because they make bigger profits breaking the law.

Thus, in cases like this where the harm done to an individual employees is small, but when similar harm is being done to many other employees, then it becomes worthwhile for the employees to take action and bring a class action lawsuit to recover unpaid wages or overtime.

Since pursuing a wage and hour lawsuit for a single worker rarely makes economic sense for the worker or his attorney– i.e. the potential recovery does not justify the costs or risks of litigating a single claim – and that is why many large employers defy wage and hour laws with impunity. However, when a company is violating the rights of a large number of people in the same or similar way, then employee (one or more) can file a suit on behalf of themselves and other similarly situated employees.

There are as many reasons as people, for bringing a class action suit. Some employees realize that it is likely to be too expensive to hire an attorney to bring an individual lawsuit, and decide class action is the only way to go. Some employees feels a sense of duty in holding large company accountable and for fighting for the rights of others who were wronged by the company. Some employees may want to bring a class action to personally make money and at the same time teach a company a lesson. All these reasons for bringing a class action suit are legitimate reasons. After all, the most common reason companies violate the wage and hour laws in the first place, is to make more money for the company at the expense of the workers.

The class or collective actions allow hundreds, thousands or hundreds of thousands of similarly situated employees to sue an offending employer in one overtime lawsuit. Thus, class action lawsuits have empowered workers in our employer-dominated society to challenge the illegal labor and wage payment practices of their large employers on an equal footing.

Class or Collective Action Representative Plaintiffs

Class action are intended to improve court efficiency by allowing a large group of people with similar claims to join together in one lawsuit. One or more lass action plaintiffs (generally called "class representative" or "representative plaintiffs") can bring suit on behalf of everyone else who was similarly affected by companies illegal practices. If the representative plaintiffs meet certain criteria, they are allowed to prove and settle not only their own claims, but the claims of everyone in the larger group as well.

Class representative not only brings his or her own claims but also brings similar claims of other employees who are similarly situated. Similarly situated does not mean exactly same, but the representative plaintiffs and other employees must be similar in the way they were affected by the employers actions. For example, a representative plaintiff in a claim for unpaid wages and overtime for off-the-clock work, must show that other employees also performed similar off-the-clock work.

Being a representative plaintiff may not take as much time as being an individual plaintiff in a case, but there are things that a class representative plaintiffs must understand and be ready to do. Once a class action is filed, the company will generally conduct "discovery" which may involve answering written questions or appear for a deposition. A deposition, usually held at the attorney's office, during which the company's lawyer is allowed to ask you questions under oath, with the proceedings being recorded by a court reporter.

Overall, if you believe in what you're fighting for your rights and the rights of other workers, class actions are a great way to have a positive impact on society. Class actions have cleaned up entire industries, shut down corrupt companies, and recovered billions of dollars for injured victims.

What Shall I Do Next

Depending on the defendant's attitude, a class action may take many times longer or quite a bit shorter than individual cases. Some drag on for many years, while others settle in six months. The usual order of events is that after a complaint is filed, the parties do limited investigation into whether the action fits the class action requirements. The plaintiffs then ask the court for class certification. If the court says yes, there may be more investigation or the case may settle.

The vast majority of class action cases are settled if they are certified or if the defendant believes they will be. The class members are notified of the proposed settlement and given an opportunity to join in or object to its terms. Some types of class actions require that you send in an "opt-in" form to join. For others, you're in if you do nothing. After the class members respond to the proposed settlement, a court determines whether the settlement is fair and reasonable.

The main benefit of class actions is that they level the playing field when individuals join together to take on a big company.

If you believe you are faced with a situation where your employer is likely violating your rights and the rights of other workers by violating the wage and hour laws, please contact us for a free and confidential consultation or call us at: 1-888-MYWAGE-2 or 1-888-699-2432.

DO I HAVE A CLASS ACTION CASE?

Class or Collective Action Representative Plaintiffs

What Shall I Do Next