Class & Collective Actions

Experienced Class Action Attorneys Protecting Workers From Employer Abuses

Outten & Golden’s Class Action Practice Group consists of experienced class action attorneys who have consistently sought to curb systemic employer abuses, ranging from economic exploitation to discrimination based on gender, race, age, immigration status, and criminal history, through class, collective, and impact litigation.

What is an Employment Class Action Lawsuit? 

A class action lawsuit is a way of combining multiple claims when a large group of people are subjected to unlawful behavior or action. When an employer has wronged many employees or job applicants, an employment class action lawsuit is generally more efficient than having each individual file a separate lawsuit. 

Employment class action lawsuits are often used when employees and applicants of a particular company have suffered discrimination due to their race, sex, age, immigration status, criminal history, or membership in another protected category. Generally brought by a small group of people on behalf of a much larger group, class action lawsuits help to ensure the protection of the individual rights of that larger group. Without class action lawsuits, large-scale employment discrimination would be more difficult to identify and penalize, because individuals may not have the same economic incentive to bring a lawsuit outside of the larger group. 

What is required for a Class Action Lawsuit?

Under Rule 23 of the Federal Rules of Civil Procedure, in order to have a federal class action lawsuit, the following requirements must be met: 

• The group is so large that attempting to join each individual member would not be practical; 
• The wrongs involved are common to the claims of the representatives of the class action and its individual members; 
• The claims or defenses of the individual members of the class are typical of and well represented by the smaller group; and
• The interests of the larger group of individual members are protected by the smaller group of class representatives. 

The federal requirements above are far from exhaustive. A class action attorney with extensive experience in class action lawsuits can help you determine how to proceed.  

How are Class Actions Different from Individual Cases?

For starters, class actions are different from individual cases in that they involve a group “so numerous that joinder of all members is impracticable.” This means that the employer’s unlawful conduct negatively impacted enough people that individual lawsuits would not be practical. Although there is no specific number of people who must be affected in order to bring a class action lawsuit, at least 40+ people is generally large enough. 

There are multiple requirements, including motions, certifications, and hearings, that must occur before discovery and trial can begin. 

Class Action Attorneys In New York, San Francisco & Washington, DC

From the law offices in New York, NY, San Francisco, CA, and Washington, DC, Outten & Golden’s class action attorneys prosecute cases nationwide involving:

Wage and Hour Violations:

• Unpaid overtime and minimum wages
• Off-the-clock practices (not paying workers for all time worked)
• Time shaving
• Overtime avoidance by misclassifying employees as exempt employees or independent contractors
• Tip theft, misappropriated service charges, and other wage and hour claims on behalf of restaurant workers
• Unlawful deductions from wages
• Unpaid interns

For more information regarding wage & hour class cases click here.

Employment Discrimination:

• Promotion and compensation claims based on gender or race, including glass ceilings and sticky floors
• Account assignment/business allocation discrimination based on gender in the financial services industry
• Hiring discrimination based on criminal records
• Hiring discrimination based on credit history

For more information regarding employment discrimination class cases click here.

Contact a Class Action Lawyer at Outten & Golden LLP Today

When employers violate employment laws, their violations often extend to groups of multiple employees at once. Class actions allow employees to defend their rights as a group, which is more efficient economically and creates strength in numbers. If you have experienced violations against your employee rights please contact us today. Our compassionate class action attorneys in San Francisco, Washington, DC, and New York are available to assist you with your employment case. 

(*Prior results do not guarantee a similar outcome.)