CLASS ACTIONS &
REPRESENTATIVE ACTIONS
There is Power in Numbers.
Parker & Minne specializes in holding employers accountable for unlawful employment practices through class actions and representative actions. In a class action lawsuit, one or more individuals who have had their rights violated (commonly referred to as the “named plaintiff” or “class representative”) seek to represent other workers who have suffered similar violations (the “class” or “class members”). If a verdict is obtained in favor of the class, or if a monetary settlement is reached, the recovery is shared with all qualifying class members.
California also enables employees to bring what is called a “representative action” under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Similar to a class action, one or more individuals who have suffered labor violations may seek to obtain civil penalties from employers who have violated the Labor Code. Recovered penalties are shared with the State of California and the other aggrieved employees who suffered violations.
Class action and representative action lawsuits are valuable tools to hold employers responsible for unlawful practices that would otherwise go unchecked, and to return stolen wages into the wallets of hard-working Californians. Unscrupulous employers who commit wage theft count on the fact that the amounts they short each worker are likely too small for individuals to be able to afford a lawyer and take legal action. What might seem like an insignificant amount of unpaid wages for each worker adds up to billions of dollars of stolen wages. Often, the only way to meaningfully hold employers accountable is through class action litigation, where a lawsuit is filed on behalf of a large group of workers. According to a report from the Economic Policy Institute, more than $3 billion in stolen wages was recovered between 2017 and 2020 on behalf of workers by the U.S. Department of Labor, state labor departments and attorneys general, and through class and collective action litigation.
The attorneys at Parker & Minne have extensive experience prosecuting class action and PAGA lawsuits for illegal wage and hour practices, and have recovered millions of dollars in unpaid wages and penalties owed to employees across a broad range of industries throughout California. Examples of wage and hour claims we have successfully litigated on a class or representative basis include:
Failure to pay the legally required minimum wage;
Failure to pay agreed-upon wages (including overtime on commissions, piece rate, and regular wages);
Pressuring or forcing employees to work off-the-clock without pay;
Failure to pay premium wages for missed, late, shortened, or interrupted meal and rest breaks;
Misclassifying employees as salaried-exempt or as independent contractors;
Failure to pay promised commissions or bonuses;
Failure to pay out accrued vacation time;
Failure to pay paid split shift premiums;
Failure to pay final wages in a timely manner;
Failure to reimburse employees for business-related expenses; and
Unauthorized deductions from pay.
Class action claims may also be pursued for other types of unlawful employment practices, including discrimination on the basis of age, race, religion, gender, sexual orientation, and disability, among others.
If you believe that your current or former employer is committing unlawful employment practices and are interested in seeking justice for yourself and others, contact us today for a free initial consultation.