One area that may be very confusing to employees is the idea of a class action lawsuit. There are circumstances where you may need the help of an employment attorney in Oakland and surrounding areas to file a class action suit. Hunter Pyle law can help you with your class action lawsuit.
Class Action Lawsuits
A class action is a case that involves one or more plaintiffs who are representing a large group of people who may have the same type of claim. Often times these people are not individually named in the lawsuit. If a class action lawsuit is going to be successful, the plaintiff needs to prove not just an existence of an ascertainable class but also the well-defined community of interest. According to the California Supreme Court, to meet the “well-defined community interest” requirement the plaintiff must prove a few different things:
- Common questions of fact or law predominate over any individual issues.
- The claims that are actually typical of those others in the class.
- If the plaintiff and their lawyers are even qualified to represent those in the class.
The California Supreme Court also states that public policy is what encourages the use of the class action device. Because of this, the courts in California typically refuse to side with attacks against class action lawsuits that have taken place over the years.
What does this mean for employees and labor law in California? Multiple employees can file a class action lawsuit against their employers if their employers have acted unlawfully. Some common class action lawsuits that may be brought against an employer include:
- Overtime Laws in California: The laws in California state that an employee must be paid overtime for every hour that they work past 8 hours per day or 40 hours in a week. They must also get paid double for each hour after 12 hours in a day or time and a half for working 7 days straight on the seventh day.
- Breaks: Employees are entitled to breaks under California law. If an employee works more than 5 hours a day, they should receive 30-minute lunch break. They also should receive 10-minute breaks for after every 4 hours worked.
- Off-the-Clock Work: Off-the-clock work is work performed by an employee outside of his or her normal working hours and is not compensated or counted towards weekly hours for overtime purposes. Off-the-clock work is prohibited by both state and federal laws. This includes duties that have taken place pre-shift and post-shift. Whether the work completed off-the-clock is voluntary or performed under pressure, employers are obligated to compensate the employee by being held responsible for knowing when he or she is working and maintain records of employees who have spent time working off the clock on compensable tasks.
Employment Lawyer in Oakland
Hunter Pyle Law, an employment attorney in Oakland, CA and its surrounding areas, represents only employees, never employers, in class action lawsuits. Our experienced employment lawyers have successfully litigated individual and class action complaints in California. We are dedicated to protecting your rights at work. Contact us today to see how we can help you with a class action lawsuit.