A class action occurs when a group of people have a similar legal claim against an entity or individual. Each claim must have similar complaints and details to allow for a class to exist. When dealing with issues relating to labor laws, employees must agree to form a class before a class action lawsuit can be filed.
An employment class action lawsuit relating to wage and hour laws may include issues of unpaid overtime, wage theft, off-the-clock work, and tip theft. The employees can form a class and file a collective action to hold their employer accountable and insist the employment environment changes for the greater good. Many large companies with such issues have a systemic issue in which many employees suffer the same fate. As a result, a class can stand by each other to demonstrate the illegal actions and their vast effect on employees.
When dealing with a potential collective action, you need a top wage and hour lawyer to help you hold your employers accountable. The top wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients’ needs.
A class action lawsuit is a collective action filed by a group of similarly situated people against a business or individual. A class action must include plaintiffs that have similar claims against a company with similar details relating to the claims. For instance, employees who have all been misclassified as salaried employees instead of non-exempt or hourly employees would have a class action lawsuit against their employers for wage theft and unpaid overtime. In this scenario, the employees all worked for the same employer, were misclassified, and suffered financially due to the misclassification.
An employment class action can be formed when several employees meet with a lawyer or lawyers to file a complaint against an employer. As more employees come forward regarding the claims against an employer, the lawyer or lawyers may notice they have grounds for a collective action against the employer. At this point, the attorney can ask employees to join the class action lawsuit to help develop a claim against the employer and get the compensation they deserve. Working with a wage and hour lawyer with extensive experience with employment collective actions can help ensure you get the best representation possible. The best wage and hour lawyers at the Derek Smith Law Group can help.
Employment class action claims can encompass many wage and hour violations. Some claims may include but are not limited to the following issues:
In some cases, working together for a common purpose is more effective than working independently. When a large group of employees have similar claims, forming a class action may help them prove the issue is systemic. Filing the claims individually can work against employees. If one employee does not win their case, the outcome can be used against other employees, leaving them all empty-handed. However, if they work together, they can show the issue affects the entire workplace (or a large number of employees) and help show there is a wide issue that needs to be corrected within the company. As a result, the employees can receive the fair compensation they deserve, and the employers can be held accountable and forced to correct the problem within the workplace.
When your employer violates your rights in the workplace, you have a right to hold them accountable. Whether you choose to file an individual complaint or join a class action, your employer cannot fight back against you for exercising your rights. If your employer chooses to fire you or retaliate against you in any way, they are committing acts of retaliation and wrongful termination. These acts are illegal. Working with a top wage and hour lawyer, like the lawyers at the Derek Smith Law Group, can help you get the justice you deserve.
An employment class action lawsuit can result in fair compensation for all members of the class. Employers will need to pay any back pay owed to the employees. Typically, employees will also receive liquidated damages, which are double the backpay owed to each employee. Depending on the class action claim, each individual may receive the actual back pay and liquidated damages they are owed. However, a class action claim may also result in punitive damages. This money is meant to punish the employer and deter them and others from committing similar acts. Punitive damages may be divided amongst the class members as determined by the court.
The courts do not look kindly on frivolous class action claims. Therefore, working with a top wage and hour lawyer will help ensure your class action claim is warranted and follows all the rules mandated by law. Working with a qualified class action lawyer will help you ensure your class members fit the parameters of the claim. They will help you file your claim under the laws and within the jurisdiction best suited for your claim. They will ensure each class member is heard and the story is told to get you the maximum compensation allowed by law.
If you and other members of your company have sat by as your employer misclassified you as salaried employees, stole your tips, or committed other illegal wage and hour acts, you have the right to form a collective action and fight back. The best wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help. Call today at 800.807.2209 for a free consultation.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
It appears you all have a similar situation and, therefore, would be able to file a class action claim against your employer for wage theft and unpaid wages.
You have a right to hold your employer accountable for illegal actions in the workplace. They cannot fire you for filing a claim against them for these actions. Claims include class action lawsuits.
If an issue in the workplace affects several employees, you may have a class action against your employer. Working with a talented wage and hour lawyer can help you determine if your claims fit the guidelines for a class action claim.
When it comes to employment collective actions, employees must agree to participate in the class. You cannot be automatically added to any employment class action lawsuit.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
