Class actions are valuable legal tools for people who have been injured—whether financially or physically—by the wrongdoing of others. These cases help employees and consumers level the playing field with massive corporations by allowing them to pursue legal claims collectively.
In California, employment class actions are commonly used by groups of workers alleging they have been underpaid or discriminated against by their employers. The state’s comprehensive employment laws give workers the ability to protect their rights on the job by taking collective action.
At Justice Law Corporation, our California employment class action attorneys have a strong track record of success in class action and other cases. We are seasoned litigators who have dedicated our careers to helping people across the state fight to ensure that they are treated fairly on the job.
How Class Actions Work
A class action is a type of lawsuit in which one or more people file a claim on behalf of a larger group of people who have similar legal issues. Instead of each person bringing a separate case, the group combines their claims into one lawsuit. This makes the process more efficient and cost-effective. The individuals bringing the case are called the “class representatives,” and the larger group they represent is known as the “class.”
Class actions, at their core, are designed to resolve disputes in which many people allege they have been harmed in the same or similar ways by the same entity, often a corporation, employer, or government agency. They are commonly used in cases over defective products, false advertising, and securities fraud. In the employment context, class actions often arise from large groups of workers accusing their employers of shortchanging them on regular or overtime pay.
To proceed as a class action, the lawsuit must be certified by a court. Certification ensures that the case is appropriate for group litigation rather than individual claims.
Courts usually apply certain requirements:
- Numerosity: The class must be large enough that individual lawsuits would be inefficient.
- Commonality: There must be legal or factual issues shared by all class members.
- Typicality: The claims of the class representatives must be typical of those of the group.
- Adequacy: The representatives and their attorneys must fairly and adequately protect the interests of the class.
If certification is granted, the court usually sends notice to all potential class members. These individuals can either remain in the class—meaning they are bound by the outcome of the case—or opt out and pursue their own separate lawsuit if they prefer. Staying in the class usually means sharing in any financial settlement or judgment awarded.
California Employment Class Actions
Class actions alleging employment law violations are frequently filed in California, which is home to some of the strongest legal protections for workers in the country. They are commonly used to allege wage and hour violations, but can also be a vehicle for discrimination claims in certain situations.
Wage and Hour Violations
Wage theft is all too common in California and across the U.S. Class actions give workers who have been illegally underpaid the chance to fight back.
A wide variety of employers deprive their workers of the full pay to which they are entitled under the law in various ways. Here are some of the most common grounds for wage and hour class actions in California.
- Minimum wages: Employers in California are generally required to pay workers at least $16.50 per hour for all hours worked, increasing to $16.90 per hour on January 1, 2026. The minimum wage is higher in certain cities in California and for workers in particular industries. For fast-food workers, for example, the minimum wage rises to $20 per hour. Many health care workers also have a higher minimum wage floor, which varies based on the type of facility in which they work.
- Overtime: Workers must be paid time-and-a-half wages for all time worked beyond eight hours per day or 40 hours per workweek. The overtime rate increases to two times the worker’s normal rate for all time logged beyond 12 hours in a given workday.
- Off-the-clock work: Employers often try to get around minimum pay and overtime requirements by making employees work off the clock. This occurs when employees are required to perform tasks before clocking in, after clocking out, or during unpaid breaks. Examples include setting up workstations, closing duties, or responding to emails after hours.
- Meal breaks: California law requires a 30-minute unpaid meal break for shifts longer than 5 hours and a second 30-minute break for shifts longer than 10 hours. Employers commonly try to reduce breaks, force workers to continue performing duties during breaks, or skip the rest periods altogether.
- Rest breaks: California law also requires paid 10-minute rest breaks for every 4 hours worked (or major fraction thereof). Employers commonly try to deny rest breaks entirely, cut them short, require workers to remain on-call during breaks, or pressure employees to skip their rest periods to meet productivity demands
- Tip stealing: State law makes tips the property of the employees who receive them. Employers cannot keep any portion of tips, including those paid on credit cards, or otherwise deduct them from pay. The state also imposes strict rules on tip pooling among groups of workers.
- Misclassification: This typically occurs when an employer wrongly classifies workers as exempt from overtime pay and rest break requirements, or as independent contractors rather than employees. Contractors are treated essentially as self-employed entrepreneurs, who are not protected by wage and hour laws.
Wage and hour class actions seek to recover the money owed to workers who have been ripped off, including interest and penalties. Workers can also seek reimbursement for attorneys’ fees and expenses, as well as injunctions banning their employers from continuing the illegal policies or practices at issue in the case.
Employment Discrimination
Workers alleging they have been discriminated against on the job can also pursue class action claims in certain situations.
These suits can involve issues like hiring, promotions, pay disparities, or workplace harassment. They are often brought under one or both of the following laws:
- The California Fair Pay Act, which bans pay discrimination based on race, ethnicity, or gender
- The California Fair Employment and Housing Act, which prohibits workplace discrimination and harassment based on race, ethnicity, gender, age, disability, religion, and sexual orientation
Employer Defenses
Employers do not like a fair fight. They typically move aggressively to oppose class certification in cases covering broad groups of workers. They would prefer to force workers to bring cases individually, thereby increasing the cost of bringing claims and pushing lowball settlements.
Employers frequently argue that classes should not be certified because employees’ different job duties, locations, or supervisors make class treatment inappropriate. Many require workers to sign arbitration agreements that typically include class-action waivers. These agreements force employees to pursue any claims individually, rather than combining forces with co-workers.
Courts in California and at the federal level have gone back and forth on whether and how employees may be required to waive their class-action rights. Our California employment class action attorneys can help you determine whether you are subject to a valid, enforceable class action waiver and consider your rights and options.
PAGA Claims
California’s Private Attorneys General Act (PAGA) is a unique law that empowers employees to enforce labor code violations on behalf of the state. PAGA claims are similar to class actions in some respects, but there are key differences.
PAGA essentially deputizes workers as “private attorneys general,” allowing them to step into the shoes of state labor and employment regulators and pursue legal claims that state regulators typically handle. The law, signed in 2004, recognizes that state regulators lack the manpower and other resources to effectively police widespread violations of workers’ rights.
Like class actions, PAGA claims seek to collectively enforce the rights of large groups of workers. If a company fails to provide legally required meal breaks, for instance, an employee can file a PAGA action not only for themselves but also for all co-workers who were similarly denied breaks.
PAGA cases generally are easier to bring than class actions because they do not require class certification. That means employees do not have to meet numerosity or commonality tests. PAGA claims instead are considered “representative actions,” with one employee bringing claims on behalf of others.
PAGA claims also generally cannot be waived. Even if an employer requires workers to sign agreements waiving class action rights, they cannot ban workers from participating in PAGA cases.
To pursue a PAGA claim, an employee first must submit a written notice to both the employer and the LWDA, outlining the alleged violations. The LWDA then has 65 days to review the notice. The employee can proceed with the lawsuit if the agency declines to investigate.
Do I Need a Lawyer?
No one is required to hire a lawyer in order to pursue a class action or other employment lawsuit. That said, there are several reasons why it is crucial to have a seasoned employment law attorney in your corner.
California law gives workers throughout the Golden State some important rights and protections. Enforcing those rights, however, can be complicated. Especially if you are going up against a large corporation with deep pockets and a small army of corporate attorneys.
That is where we come in. The California employment class action attorneys at Justice Law Corporation focus exclusively on the plaintiff side of workplace disputes, representing workers who have been ripped off, shortchanged, or discriminated against by their employers.
We have a strong track record of success for the people that we represent, both in the courtroom and through negotiated settlements. Those victories include $15 million recoveries for healthcare workers, $8.5 million for insurance employees, and $7.5 million for defense industry workers, in separate cases against their employers.
Our lawyers have deep experience crafting complaints and framing legal arguments for certification. We know how employers and their defense attorneys typically go about opposing certification. We will also present the case in the clearest and most convincing manner to maximize the potential recovery. Our lawyers are seasoned litigators who stand ready to fight in court and skilled negotiators who have successfully resolved many cases through negotiated settlement.
Our California Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A California employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California employment class action attorney.
