Class Actions

Class actions are one of the most powerful ways that employees can assert their rights in the workplace. However, class actions are often complicated, lengthy, and expensive. In California, class actions are particularly favored in cases involving wage and hour claims. This is because wage and hour class actions allow many individuals to resolve their claims at the same time, while allowing small claimants to redress claims that otherwise might be too insignificant to warrant individual litigation.

In recent years, employers have developed a number of legal tools and theories to defeat class actions. For these reasons, it is important that you consult with an employment attorney who is experienced in this field.

The attorneys at Hunter Pyle Law have handled, and are currently handling, many class action lawsuits. We regularly make presentations to other attorneys about how best to approach class action litigation. We are available to consult with you to determine whether your claims might be appropriate for class status.

Class Action Lawsuits

Class actions involve one or more plaintiffs, called “Class Representatives”, who represent a larger group of people who have the same claims. To be adequate, a Class Representative must not have any interests that are antagonistic to the class and must be represented by counsel qualified to conduct the litigation on behalf of the class.

Normally, only the Class Representatives are named in a class action lawsuit. The class members are not officially part of the case until the court grants class certification. Then notice goes out to the class members informing them that they will be part of the case unless they inform the court that they do not want to be.

The rules in California courts regarding class actions are somewhat different from the rules in federal court. However, speaking generally, in order for a court to certify a class, the Class Representatives must prove that an ascertainable class exists. In other words, the court must be able to identify who is in the class. In employment class action cases, this is normally done through the employer’s records.

The Class Representatives must also prove that there is a well-defined community of interest. This requires an inquiry into numerosity, whether common questions of law or fact predominate, and whether the class representatives have claims or defenses typical of the class. Other relevant considerations include the probability that each class member will come forward ultimately to prove his or her separate claim to a portion of the total recovery and whether the class approach would actually serve to deter and redress alleged wrongdoing. It is Class Representatives’ burden to support each of the above factors with a factual showing.

With respect to numerosity, California Code of Civil Procedure section 382 does not define what constitutes the “many” persons required to maintain a class action. No set number is required. In general, though, you need more than 20 class members in order to satisfy the numerosity requirement.

The determination of how much commonality is enough to warrant use of the class mechanism requires a fact-specific evaluation of the claims, the common evidence, and the anticipated conduct of the trial. California courts consider statistical evidence, sample evidence, expert testimony, and other indicators of a defendant’s centralized practices in order to evaluate whether commonality exists.

What does all of 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. Common class action lawsuits include claims based on the following:

Employment Lawyer in Oakland

Hunter Pyle Law, an employment law firm located in Oakland, CA, represents only employees, never employers, in class action lawsuits. Our experienced employment lawyers have successfully litigated individual and class action complaints throughout California. We are dedicated to protecting your rights at work. Contact us today if you have questions about whether your claims might be suitable for a class action lawsuit.