The California class action employment lawyers of Bisnar Chase are dedicated to helping employees who have been treated poorly in the workplace.
At Bisnar Chase we have a wealth of experience when it comes to protecting the rights of workers in California. Our law firm has developed a 99% success rate and has collected more than $750 million for our clients over 45 years in business.
If you and other employees at your workplace have been wronged, our experts can help you build an employment lawsuit. Call (800) 561-4887 for immediate help from a California class action employment attorney. When you contact us today you will receive free legal advice from a top-rated expert.
Table of Contents
What is a Class Action Employment Lawsuit?
Labor law attorneys define class action claims in employment law as a single lawsuit, brought forward by a group of employees, against a single party – often their employer.
The group of plaintiffs bringing the lawsuit is known as a “class”. They will all be people with similar complaints against the defendant.
If the negative actions of an employer have similarly affected a large group of employees, a class action employment lawyer may be able to help. By bringing a class action suit rather than a series of individual cases, it can strengthen the claim of the plaintiffs.
The first major class action suit was the “Pitney Bowes” case in the 1970s where women were suing their employer for paying them less than men. The company had two ways of calculating salaries, one for men and one for women. The women were being paid less than men even when they had the same job title and experience level as male employees.
In 1983, “Dukes v Wal-Mart Stores” was filed by Betty Dukes and other female employees who claimed that Wal-Mart discriminated against female employees in pay and promotions.
The plaintiffs in this case argued that Wal-Mart’s policies created an environment where female workers were systematically underpaid relative to their male counterparts, resulting in higher turnover rates among women and lower rates of pay increases over time.
The Process of a Class Action Employment Lawsuit
When a class action lawsuit is filed amongst employees then as one of the employees you will receive a notice. Experts say to follow the instructions of the notice and then provide the documentation to your California class action employment lawyer.
Your labor law attorney and their team of legal experts will begin the process of collecting discovery. Discovery is not only the act of collecting facts of the case but also the exchange of those facts between both legal teams for the plaintiff and defendant.
After discovery, the case must have a class certification. This means that a great number of consistencies have been proven amongst all the plaintiffs in relation to the defendant’s wrongdoings. A motion is then made to bring the issue to the courts.
How Many People are Needed for a Class Action Lawsuit?
There is no set number of people required for a class action suit. Cases involving large classes of wronged employees are easier to bring through the courts.
A judge will often ask for dozens of plaintiffs to be involved in a class for it to proceed, but a class could also consist of hundreds or even thousands of employees. The claimants are usually called the “class” and the defendant is usually simply called the “defendant.”
There are many factors that go into determining how many people are needed for a class action lawsuit.
- First, there needs to be enough people with similar injuries or damages in order for them to qualify as a group.
- Second, there needs to be enough money available for lawyers to represent them and cover costs associated with the lawsuit.
- Third, there needs to be an identifiable cause of injury or damages that can apply to all members of the class.
- Fourth, there needs to be individualized proof that each member of the class was injured by the defendant’s conduct or product.
- Fifth, there need to be mechanisms in place that will allow members who don’t want their information revealed publicly (e.g., medical records) access to justice without public disclosure.
Do I Have a Wrongful Termination Case?
A wrongful termination lawsuit is an employment law suit that is filed by the employee against their employer for terminating their employment in a wrongful manner. The grounds for this suit are usually that the employer terminated the employee without any reasonable cause or with unreasonable severity.
The main reason for filing a wrongful termination lawsuit is to get back at the company, and also to receive compensation for damages.
Typically all Wrongful termination filings are when a worker is fired by an employer under unlawful circumstances. For instance, an employer who terminates a worker’s employment to retaliate against an employee who disclosed illegal activity taking place in the company is in violation of the whistleblower act. Other wrongful termination cases may include an employer violating anti-discrimination laws, labor laws, whistleblower, or quid pro quo.
Quid Pro Quo is an employer promising a higher salary or higher position in the company in exchange for sexual services. If the employee refuses and upon their refusal is fired, then the workers can file either a sexual harassment claim or a wrongful termination claim.
U.S. Equal Employment Opportunity Commission Laws
The EEOC serves as an authority and advocate for those in the workforce. The Equal Employment Opportunity Commission acts as a system of checks and balances to protect employees.
There are several federal laws that have been instilled to safeguard workers from negligent or discriminatory employers. Employers may not discriminate against a worker or applicant based on their gender, age, disabilities, religion, color, or pregnancy.
List of EEOC Federal Laws:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Pregnancy Discrimination Act
- The Equal Pay Act of 1963 (EPA)
- The Age Discrimination in Employment Act of 1967 (ADEA)
- Title I of the Americans with Disabilities Act of 1990 (ADA)
- Sections 102 and 103 of the Civil Rights Act of 1991
- Sections 501 and 505 of the Rehabilitation Act of 1973
- The Genetic Information Nondiscrimination Act of 2008 (GINA)
Wage and Hour Rules and Regulations
California employers are to follow the guidelines under the Fair Labor Standards Act. The FLSA is an employment law that states that workers are entitled to a minimum wage and should be compensated for overtime if they are to work over 40 hours in a week.
Employees are also entitled to meal and rest breaks.
How do you know that you have a strong wage and hour class action case?
Some big indicators that you and your fellow employees may be treated unfairly may include if the employer is:
- Requiring off-the-clock work without being compensated
- Underpaying due to too many deductions being taken out of pay
- Taking too many deductions out of their employees’ pay
One of the most common questions that is asked amongst employees is “Do I get overtime if I am a salaried worker?”
One big misconception that workers who work under the salary system are that they are exempt from overtime. This is not the case in most instances. The Los Angeles Times reported that as of December 2016 “…salaried workers who earn less than $47,476 will now be eligible for overtime pay.”
There are cases where employers do not have to pay overtime to their workers.
This law does not apply to people who are self-employed or have a professional occupation such as a lawyer.
Can I Be Fired for Whistleblowing?
A whistleblower is an employee who informs a third party or law enforcement of any wrongdoings or illegal activity that is taking place in the workplace.
A group of employees often fear that they will lose their jobs if they were to report any violations that are taking place in a work environment. Another fear that employees face after reporting a crime in the workplace is hostility they will face, but whistleblowers do have rights and are protected under federal law.
The United States Department of Labor Section 11(c) of the OSH Act states “If workers have been retaliated or discriminated against for exercising their rights, they must file a complaint with OSHA within 30 days of the alleged adverse action.”
To strengthen your case it is important to gather any evidence such as emails, witness accounts, or even photos of the crimes being committed to your California whistleblower attorney.
Class Action vs Individual Employment Cases
An individual case is different from a class action lawsuit because there is only one plaintiff that is suing an employer. Although there is not a set amount needed for a California class action case there needs to be more than one person.
Class action employment lawsuits may also take longer than a case with a single plaintiff due to the size and the number of people involved. In class action lawsuits the process can be stalled for factors such as both parties collecting discovery (facts and evidence of the case), the defendant does not want to settle, or the courts are not proceeding quickly enough.
The Cost of Hiring a California Class Action Employment Lawyer
Bisnar Chase offers a ‘No Win, No Fee’ guarantee. We will advance all the costs necessary to win your case and will only collect a fee if we win for you. Our fee will be a standard percentage of the settlement or court-awarded compensation. Class action lawsuits can take 9 months – 2 years to settle, with the timeframe entirely dependant on the specific case involved.
Bisnar Chase, class action employment lawyer, Ian Silvers states the importance of hiring a labor law attorney.
“Employment law covers a wide spectrum of claims, ranging from discrimination to harassment, to unpaid wages, just to name a few. Each claim brings with it differing pitfalls and minefields. You need an employment lawyer to help you navigate through these legal minefields because any wrong step could lead to your case being time-barred or you might not recover all of the money you are entitled to. Here, at Bisnar Chase, we have experienced employment lawyers who can guide you through the complex and intricate web of employment law,” says Silvers.
Contact Our Employment Class Action Lawyers
Contact Bisnar Chase now for immediate help with your class action employment claim. We have experienced trial lawyers with the resources to take on large class actions.
Our labor and employment attorneys are passionate about protecting the workplace rights of our clients and are dedicated to offering superior representation.
If you or a group of employees is looking to file a class action lawsuit against your employer call the law firm of Bisnar Chase.
Contact the California class action employment lawyers of Bisnar Chase now. Call (800) 561-4887 and arrange a free consultation.
