What to Know

Employment Class Action Lawsuits in California

Class Action Lawsuits in California.

Class Action Claims

If your employer is violating your rights and those of your co-workers, you may be able to file a class action lawsuit case to recovery. Call 888-762-0297 to discuss your case.

There is no charge for initial consultations.

We can help employees in Los Angeles and everywhere else in California to resolve disputes with their employers.

What is an employment class action lawsuit?

An employment class action lawsuit refers to a lawsuit filed by one or more employees (class representative(s)) on behalf of a larger group of employees (class members) who have similar complaints against the same employer. A class representative(s) files a class-action lawsuit on behalf of a class of employees who have been wronged by the same kind of harassment, discrimination, wage and hour violations, or other labor law violations committed by a common defendant (employer) to get justice on behalf of all members of the class who were wronged.

What qualifies as a class action lawsuit?

Not all employment law claims can proceed as a class action lawsuit under California law. After filing a class-action lawsuit, the case can proceed but a Court must certify the class before a lawsuit can proceed on a class basis. Otherwise, the case will have to proceed on behalf of the individual(s) who filed the suit. When determining whether a class qualifies for a class-action lawsuit, the court will evaluate several factors, including:

  • All employees (class members) have suffered similar harm
  • They suffered harm from the same employers (defendants)
  • There is a sufficient number of employees to warrant a class-action lawsuit instead of individual cases for each employee
  • The class representatives are willing to adequately and fairly represent the class members

Minimum requirements for class action lawsuits

In order to file an employment class action lawsuit in Los Angeles or other parts of California, the case must meet the minimum requirements:

  • Impracticability. It would not be practical for all class members (employees) to bring individual lawsuits against the employer because a large number of employees have been affected by the employer's actions.
  • Commonality. There are legal claims that are common to all class members. There may be only a single issue of fact common to all employees to satisfy the commonality requirement.
  • Typicality. The claims brought by the class representatives are typical of the claims of all class members. However, those claims do not necessarily have to be identical.

How many employees do you need for a class-action lawsuit?

California law does not explicitly state how many employees are needed to satisfy the "numerosity" requirement when filing a class action lawsuit. However, according to California Code of Civil Procedure § 382 "many" persons are needed to warrant a class action lawsuit. It will depend upon the nature of the claims, the facts, and the case's complexity. If you believe your employer is violating the rights of you and your co-workers, contact an employment attorney to discuss your situation at 888-762-0297.

How to start a class action lawsuit in California?

One or more affected employees can start an employment class action lawsuit by contacting an employment attorney to discuss their claims. If you have claims which can be pursued on a class-wide basis, a lawsuit can be filed in a California court.

Contact an experienced employment lawyer who can help you file a class action lawsuit. For further information, call 888-762 -0297.

Most common types of class action lawsuits in California

Employment class action lawsuits are not the only type of class action lawsuit that people can file in California. Common types of such lawsuits are related to:

  • Civil rights violations
  • Consumer fraud
  • Defective products liability
  • Securities violations
  • Dangerous defective drugs

Class action lawsuits can be incredibly complex, especially when it comes to enforcing employment law in California.

Employment law class action lawsuit examples

Common examples of class action lawsuits related to employment law include:

  • Paying employees below minimum wage
  • Refusing to pay employees overtime
  • Misclassifying employees as exempt from overtime
  • Misclassifying employees as independent contractors
  • Violating equal pay laws
  • Failing to provide meal periods or rest breaks
  • Taking unlawful wage deductions
  • Violating civil rights
  • Harassing employees
  • Discriminating against employees
  • Retaliating against employees
  • Refusing to pay commissions
  • Unlawfully taking employees' tips
  • Incorrectly paying tipped employees
  • Denying employment benefits
  • Wrongfully terminating a large group of employees
  • Refusing to pay for off-the-clock work
  • Failing to reimburse employees for work-related expenses

These are common labor law and civil rights violations that may be grounds for a class action lawsuit in California.

How to win a class action lawsuit

Winning a class action lawsuit can be a difficult and complex process. The success of your lawsuit depends on the strength of your claim as well as the skills and experience of your lawyer. Often, winning a class action lawsuit comes down to finding a knowledgeable employment lawyer to help you organize, lead, and prevail in your class action lawsuit.

How are class action settlements distributed?

Most class action lawsuits are settled before going to trial. If a settlement is reached before trial, the judge will have to approve the settlement amount to ensure that it can adequately compensate all class members for their losses and damages. Settlements or jury awards are used to pay contingent attorney’s fees, reimbursement for costs advanced to bring the suit, and the amounts going to class members are typically distributed based on the proportionate number of workweeks. The judge must approve how amounts are distributed.

For more information

To discuss your case, call us at 888-762-0297 and ask to speak with a class action employment lawyer.

Your consultation will be confidential, informative, and free.

We take all cases on contingency. We advance all costs and are only reimbursed if we successfully recover on your behalf.

We represent clients in Los Angeles and everywhere else in California.

Last updated on November 15, 2021.

Additional Resources

• Class action lawsuits - Wikipedia

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