Class Action Benefits
A class action is a type of lawsuit that resolves common issues of fact or law for a large group of people with similar claims. It may be beneficial to resolve these common issues in one large lawsuit that addresses the circumstances of a broad range of claimants, rather than a series of individual lawsuits brought by each of the employees. Different judges and juries may reach different conclusions based on the evidence, but a class action can help ensure that courts do not reach wildly different resolutions and judgments for similar conduct. If you are wondering about class action benefits, given your specific circumstances, you should give the experienced California class action lawyers at The Nourmand Law Firm a call. We have represented workers in employment law matters for more than 20 years, and we understand the procedural requirements of class action lawsuits.Class Action Benefits
Employment law matters, such as wage and hour violations, are particularly amenable to resolution through a class action process. A class action could involve unpaid wages, unpaid overtime, meal and rest break violations, or failures of reimbursement. For example, if your employer forced you to work off the clock by asking you not to clock in until after temperature checks, such that you were not paid overtime, you may have grounds to bring a class action lawsuit for damages.
Under California Code of Civil Procedure (CCP) section 382, class actions are authorized when the questions in a lawsuit are of common or general interest, the parties are numerous, the questions involve many people, and it is impractical to bring every person into court to pursue damages. In that case, one or more claimants can serve as representatives of the class and can sue or defend for the benefit of all members.Establishing Liability for Common Disputes
When a single, individual lawsuit is filed, an employer may escape liability by deploying its substantial resources to hide facts that would expose it to a judgment. A popular defense strategy is to drag out and prolong the litigation process with an awareness that the claimant may not be able to afford all the expenses that this entails. However, one benefit of class actions is that power exists in numbers. A single employee may not be able to recover damages for a minor rest break violation, for example. When every employee has been subject to an illegal policy, the affected number of workers can band together and pool their evidence and arguments to force the company to negotiate a fair settlement.Streamlined Discovery
The costs of prolonged discovery, in which each side seeks information and evidence from the other side, can be prohibitive for employees, particularly when the amount that the employee would recover from a successful lawsuit is small. Importantly, when a number of claims are gathered and pursued together in a class action lawsuit, discovery may be obtained in connection with the entire class’ rights.Policy Changes
Another benefit that lawyers see when bringing class action lawsuits is that they are a mechanism that can force large companies to dedicate themselves to making enormous changes in their policies. For example, an employer could be required to address its failure to provide a full 15-minute break for its 100 employees in a court order, and it may be ordered to change its clocking procedures.Initiating a Class Action
Any worker who shares common complaints with coworkers may start the class action process in California. The first step would be for our attorneys to file a class action lawsuit and move for certification. It is crucial to retain experienced counsel when pursuing certification. In order to get certification, our lawyers would need to show that there is an ascertainable class and a well-defined community of interest among members of the class of employees. A community of interest exists when there are predominant questions of fact and law, class representatives with typical claims, and adequate representation by the class representatives.Consult a California Attorney About a Class Action
If you want to know more about class action benefits, you should discuss your situation with the experienced California attorneys at The Nourmand Law Firm. We represent class action plaintiffs in employment law disputes in Los Angeles, San Bernardino, and Riverside Counties, as well as Oakland and Sacramento, among other areas. Complete our online form or call us at 310-553-3600 or 800-700-WAGE (9243).