Filing Wage and Hour Class Action Lawsuits in California

When a company routinely violates several employees’ rights against California’s wage and hour laws, filing a class action lawsuit against them is ideal. Examples of violations include:

  • Misclassifying non-exempt workers as exempt under California’s overtime regulations.
  • Failing to pay overtime.
  • Illegal employment background check in California.
  • Paying below the state or local minimum wage in California.
  • Failing to provide employees with the necessary meal or rest breaks or making them work through those breaks.

Be aware that many Californian firms require their staff to sign arbitration agreements that restrict or forbid participation in class actions.

Advantages of class action litigation in a wage/hour dispute

A class action enables a labor lawyer to pool the resources from numerous plaintiffs. This provides many benefits.

  1. The first benefit of a class action lawsuit is that it allows class action attorneys in Los Angelesto invest more time and money in the case. In wage/hour lawsuits, the lawyer’s fee is often calculated as a percentage of the money you recover. The total damages could be higher if many employees join the class action. This, in turn, justifies the lawyer making a bigger investment.
  2. Second, a wage/hour dispute that involves a class action enhances the financial stakes for the employer. As a result, an employer may be more willing to accept a settlement and pay the employees’ owed salaries without spending time and money on trial.

California employment class action legal requirements

In California, there are three requirements for a wage/hour class action case to be successful:

  1. An identifiable and sizeable group of plaintiff employees.
  2. Community of interest among the employees.
  3. Significant advantages of a class action that make it the more suitable option for the wage/hour case than other methods.

The “community of interest” is frequently the most important of the above considerations. The variables are part of the class action community of interest:

  1. Most prevalent legal or factual issues.
  2. Representatives of the class who have common to the class claims or defenses.
  3. Representatives of the class who are capable of doing the class justice.

These indicate that, in a wage/hour case, a class action is suitable if:

  • A single employer has violated the law on wages and hours for many workers.
  • The wage/hour violation was the same or comparable for all these employees.
  • The circumstances surrounding the wage or hour law breach were the same or comparable for all employees.
  • Some employees are willing to represent the class because their circumstance is symbolic of the others’.

Bringing a wage and hour class action may be necessary if:

  • Their employer incorrectly classified a substantial number of workers with comparable job descriptions as exempt workers and were not given overtime pay.
  • A manager in charge of a sizable team of workers insisted that they all work off the clock.
  • An employer routinely prevents employees from taking their mandatory lunch breaks at one particular workplace.

To file a class action together with colleagues, speak confidentially with your class action attorney about your case or to ask any questions you might have regarding California wage and hour class actions.

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