If you have a legal cause of action in common with many others against the same California employer, you may be able to file or join a class action lawsuit with other similarly situated individuals. For example, if an employer routinely fails to pay employees for all the hours they worked or provide meal and rest periods, systematically underpays women or people of color or has work policies with disparate impact on a protected class, the court may approve a class action lawsuit to save time and money. If the case is successful, all members of the class who joined the action may be eligible for money damages. Class actions may take place in either California or federal court depending on the laws involved.
For labor and employment law matters, a class action lawsuit allows an individual to file a representative lawsuit on behalf of similarly situated workers. A class action provides a vehicle for employees to join together to prosecute their claims for unpaid wages and overtime, as well as other wage violations and misconduct. Employment class actions commonly involve an employer’s failure to properly pay employees for all hours worked, pay equity issues (where women or minorities are paid less than their coworkers), and disparate impact discrimination claims. All aggrieved employees may become a member of the class and eligible for a recovery if the case is successfully resolved. As class action counsel, Ferraro Employment Law enforces the simple idea that a fair day’s work requires a fair day’s pay on behalf of employees throughout California.
WHAT IS THE COST TO FILE A CLASS ACTION?
There are generally no costs or fees for any class member to join a class action. Ferraro Employment Law covers all costs and expenses and is paid only if the case is successfully resolved. If Ferraro Employment Law obtains a successful recovery on behalf of the class members, then we ask the court to award reasonable fees and costs based on the recovery. This is paid from the settlement and the amount remaining is distributed to class members.
HOW DO I BECOME THE “LEAD PLAINTIFF”?
Employment class action lawsuits are prevalent in California because too often employers disregard basic employment laws and seek to cut labor costs at the expense of their employees. Every class action has a “lead plaintiff,” which means the person who initiated the lawsuit on behalf of his or her coworkers or other similarly affected individuals. If a case is successfully resolved, class representatives are eligible to receive a class representative incentive award. This is compensation for your service to the class as the lead plaintiff and is in addition to any pro-rated damages that you would be entitled to.
HOW LONG DOES IT TAKE TO RESOLVE A CLASS ACTION?
Every case is different, but employment class action lawsuits typically take between 18 to 36 months until they are resolved. Sometimes they are longer, sometimes they are shorter. Ultimately, it depends on the facts and legal matters at issue. The duration of the case depends on the amount of time it takes to investigate, file and litigate the lawsuit as well as the time it takes the court to certify the class and approve the class settlement or grant the judgment if the case is successful.
HOW DO I KNOW IF I HAVE A POTENTIAL CLASS ACTION?
With class action lawsuits, you may be one of many individuals who is being paid or treated unfairly due to a common workplace policy. When you contact Nicholas J. Ferraro at Ferraro Employment Law, we will schedule a no-obligation, free case consultation to investigate and assess your potential claim. If you believe that you or your coworkers may need representation, contact us for a free case consultation.
GET EXPERIENCED HELP
If you believe many others have the same cause of action against your employer that you do, or if you have heard of a class action lawsuit that you believe may represent your interests, contact the Ferraro Employment Law at (619) 693-7727. Your initial, no obligation consultation is always free.
RESULTS IN 18-36 MONTHS
Every case is different, but employment class action lawsuits typically take between 18 to 36 months. Ultimately, it depends on the facts and legal matters in each case.
NO UPFRONT COSTS
Ferraro Employment Law handles employment class action lawsuits on a contingency basis. That means the firm will initially cover all costs and expenses; your lawyer is paid only if the case is successfully settled or if the court finds for the employees and awards money damages.