Employment Class Action Attorneys in California

What is a Class Action?

A class action is a lawsuit where a member or members of a group who have suffered similar violations collectively bring a lawsuit forward on behalf of that group. Class actions are an essential component of the American legal system and an excellent tool to achieve justice for large groups of people. They also advance public policy goals by serving as a sort of regulatory check on the behavior of large organizations that may otherwise suffer few little consequences. Class actions are commonly used for various legal matters, including consumer protection, environmental issues, finance, and employment.

Typically, since the number of people affected is so numerous, it’s more efficient to reach a collective resolution. For example, if a company uses deceptive tactics to sell a product to a large number of consumers, each individual who was a victim of those deceptive tactics could be included in a class action against that company. Many of the people who were victims may not even have been aware of those deceptive tactics may not even have been aware that a violation occurred.

How Class Action Lawsuits Work

Several elements have to be satisfied before a case can be certified as a class. These are numerosity, commonality, typicality, and adequacy. These elements mean that the class action must involve a sufficient number of people (numerosity), involve common factual issues or questions among the class members (commonality), and whether the class representative’s claims are typical or different from other class members (typicality), and whether the class representative is adequate to represent the class or they have any conflicts of interests (adequacy).

Types of Class Action Lawsuits in California

California serves as a prominent venue for class action lawsuits, thanks to its comprehensive labor, consumer protection, and environmental laws. These cases provide a powerful mechanism for individuals to collectively address systemic issues, ensuring accountability for widespread harm. Common types of class actions in the state include:

Employment Class Actions: With some of the strongest worker protections in the nation, California frequently sees class actions related to unpaid wages, missed meal and rest breaks, overtime violations, and worker misclassification. Cases may also address issues such as retaliation or workplace discrimination, ensuring fair treatment and compensation for employees.
Consumer Class Actions: California’s consumer-friendly laws allow individuals to challenge unfair business practices, including false advertising, bait-and-switch schemes, and deceptive marketing tactics. These lawsuits often arise from defective or unsafe products, hidden fees, or other practices that harm large groups of consumers.
Defective Product Cases: Consumers harmed by dangerous or malfunctioning goods—such as faulty electronics, unsafe vehicles, or hazardous household products—can pursue justice through class action lawsuits. These cases aim to hold manufacturers accountable and often lead to product recalls or enhanced safety standards.
Environmental Class Actions: Communities affected by pollution, hazardous waste, or other environmental violations can seek justice through collective action. These cases often target corporations responsible for contaminating air, water, or soil, protecting public health and natural resources for future generations.

What is The Private Attorney Generals Act (PAGA)?

The Private Attorneys General Act (PAGA), which has been called “California’s Hero Labor Law”, was crafted in 2003 to enforce California’s extensive workplace protection laws. A PAGA lawsuit, which is a representative action lawsuit similar to a class action lawsuit, is one of the most powerful tools that workers in California possess to address corporate wrongdoing. California has some of the strongest labor laws in the country. However, it’s too difficult and costly for the state of California to pursue all of the instances of workplace violations that occur. So, PAGA gives individuals the ability to act on behalf of the state to achieve justice for aggrieved workers through monetary penalties. A report published by the UCLA Labor Center in 2024 found that through PAGA, over $200 million dollars in penalties were collected in 2023 due to corporations violating California labor laws. More than 90% of these claims alleged wage theft. Further, PAGA actions outpaced by nearly three times the number of inspections the Bureau of Field Enforcement was able to conduct during this time period. Thus, PAGA lawsuits have been a more effective way to keep employers accountable in California.

While similar to class action lawsuits, PAGA lawsuits are not class actions. They are representative lawsuits where an employee steps into the shoes of the Attorney General – as a private attorney general – to bring claims on behalf of the State of California and the aggrieved employees. A PAGA representative does not have to satisfy the class action elements. However, PAGA lawsuits may only collect civil penalties as opposed to actual damages (unpaid wages). These penalties are then split, with 65% going to the State of California and 35% being shared among the aggrieved employees. Also, PAGA lawsuits have a more limited statute of limitations of one year versus four years in a typical employment class action.

How Does a Class Action Lawsuit Work?

Class action lawsuits are a structured process designed to address claims brought by a group of individuals who have suffered similar harm. These cases follow several key steps to ensure justice and efficiency:

Filing the Lawsuit: A lead plaintiff, also known as the “class representative,” initiates the lawsuit on behalf of the group, known as the “class.” The plaintiffs’ attorneys prepare and file the complaint, outlining the legal claims and the relief sought.
Discovery Phase: The formal process of exchanging information between parties. This involves gathering evidence, such as documents, emails, and testimonies, to build the case. The plaintiffs’ attorneys work to prove that the defendant’s actions caused harm to the class.
Negotiation and Settlement: In many cases, the parties engage in settlement negotiations to resolve the case without going to trial. If a settlement is reached, the terms are presented to the court for approval to ensure the agreement is fair, reasonable, and in the best interests of the class.
Class Certification: Class certification is the legal process where the court determines whether a case can proceed as a class action. The judge evaluates whether the claims are similar enough to warrant collective treatment and whether the class is adequately represented. Certification ensures that the litigation process is fair and efficient for all parties involved.
Trial (if Necessary): If no settlement is reached, the case proceeds to trial. During the trial, the plaintiffs must present evidence and arguments demonstrating that the defendant’s actions caused widespread harm. The court or jury then decides the outcome.
Distribution of Compensation: If the plaintiffs win or a settlement is approved, the compensation is distributed among class members. The distribution process is typically based on the harm each member experienced, which may vary. For example, members might receive equal payments or amounts proportional to their individual losses.
Court Oversight: Throughout the process, the court plays a critical role in ensuring that the rights of all class members are protected. This includes overseeing the certification, settlement approval, and distribution of funds to ensure fairness and transparency.

Class actions are a vital tool for addressing systemic issues that might be impractical or costly for individuals to pursue on their own. By uniting plaintiffs with similar claims, these lawsuits provide a pathway to justice and meaningful change while holding wrongdoers accountable.

Types of Consumer Class Actions

Consumer class actions often involve deceptive practices, defective products, or breaches of data security. For example, a company selling unsafe goods may face a class action from affected customers. Other cases might target businesses that engage in false advertising or predatory lending practices. These lawsuits hold corporations accountable while helping consumers recover their losses.

Wage & Hour Class Actions

Wage and hour class actions focus on violations like wage theft, failure to provide meal and rest breaks, reimbursement issues, and other employee rights violations. Wage and hour violations happen in many different industries. These lawsuits serve to deter employers from similar violations in the future.

California Class Action Requirements

In California, class actions must meet specific requirements to ensure fairness and efficiency. Courts evaluate whether a well-defined community of interest exists among the class members. This involves demonstrating commonality, where shared legal or factual issues predominate, and typicality, meaning the representative’s claims reflect those of the class. Additionally, the representative must show adequacy, proving they can fairly protect the interests of all class members. Finally, numerosity ensures the class is large enough that individual lawsuits would be impractical, supporting the superiority of a class action to resolve the claims.

What are the Benefits of a Class Action Lawsuit

Our legal system provides mechanisms allowing class action lawsuits to be filed by employees because these claims offer numerous benefits and encourage the enforcement of laws that would otherwise be ignored by employers. By initiating a class action lawsuit, you can not only gain the remedies that you deserve but also help achieve justice for your co-workers.

Many times, companies violate the rights of employees in seemingly “minor” ways. The violations continue because, on their own, individual employees lack the resources to be able to take on these companies in court. When the violations committed against multiple employees are combined into one lawsuit, you and others in your situation become empowered to obtain justice, and your employer is forced to comply.

While every case offers some unique advantages, here are some of the general benefits a class action lawsuit can provide.

Gaining Justice for Those Who Could Not Afford a Lawyer on Their Own

Working with a class action attorney as the class representative in a lawsuit to enforce employment rights enables you to empower others as well as enforce your own rights. You can help workers who are not prepared to stand up for themselves. Serving as a class representative and standing up for the rights of employees in your workplace is a public service that improves the lives of workers in untold ways.

You Don’t Have to Pay Until Justice Law Wins Your Case

Most lawyers charge an hourly fee for their services, which must be paid regardless of the outcome of the legal matter they are handling. This can make it impossible for many workers to afford to hire an experienced attorney to protect their rights.

When the cases of multiple workers are addressed in a class action lawsuit, then they are able to work with a knowledgeable California employment class action attorney who has the skill and resources to undertake the intense investigation necessary to succeed with a legal claim. By addressing the situations of several employees at once, class action attorneys at Justice Law Corporation can work on a contingency fee basis. This means fees are paid from the proceeds at the end of the case rather than on an ongoing basis.

Courts Can Focus on the Issues

When a legal problem is addressed in a single class action lawsuit rather than several individual claims, the process becomes much more efficient for the court. This enables the judge in a class action case to delve into the details and gain a comprehensive understanding of the employer’s conduct and how it may have violated federal and California laws. The outcome will be consistent for all employees involved, which creates a stronger precedent for similarly situated employees in the future.

Employers are Forced to Take the Allegations Seriously

If a single employee files a complaint accusing a company of not paying for rest breaks, the company may pay a small amount to settle the case and continue violating meal and rest break requirements for years without anyone else speaking up about it.

When a class action lawsuit highlights the plight of many workers enduring numerous violations, the company is required to take the issues seriously. This is far more likely to lead to lasting reforms than a claim involving a single employee. When you work with a California employment class action attorney at Justice Law Corporation to initiate a class action lawsuit, you can compel your employer to change its behavior.

Requirements for an Employment Class Action Lawsuit in California

In a class action lawsuit to enforce employees’ rights in California, the class action lawyer must present information and arguments to the court to obtain approval to combine the legal actions of many class members into a single lawsuit that covers all members of that class. This process is often referred to as certifying the class. The legal team bringing the claim must convince the court that:

The wrongful actions of the employer affect so many employees that it would not be practical for all of them to file claims individually.
The problems suffered by the employees who would be members of the class are based on common legal issues and factual questions, so that the court can focus on those shared issues as the core of the case.
The employee named as the representative of the class suffered from similar problems and faces legal issues similar to those of the other members of the employee class. In other words, the person proposed to be the representative must have claims that are typical of the class as a whole.
The employee named as the representative of the class does not have a conflict of interest and is working to further the interests of the class as a whole.
Consolidating the potential actions of numerous employees into a single class action lawsuit will help the employees and reduce litigation burdens on the employer and the court system.

The class action attorney will need to conduct significant discovery to uncover evidence supporting the legal claims and demonstrating how the employer violated the employees’ rights.

What the Class Representative Does in a Class Action Lawsuit

As noted above, an employment class action attorney in California cannot effectively pursue justice for employees until an employee harmed by the employment practices in the case agrees to serve as the class representative. Although the court may provide additional compensation to the employee serving as the class representative to recognize their service, in practice, the attorney will handle most of the work.

Contact our California Class Action Attorneys Today

Call our legal team at 818-230-7502 today to schedule your free case evaluation. We charge based on a contingency fee, so we don’t get paid until you do. Reach out to us right away to discuss your unique circumstances with our class action legal team.

FAQs About Employment Class Action Lawsuits in California

Because of the preliminary steps required to certify the class and the number of wronged employees involved in an employment class action lawsuit, these cases tend to be longer and more complicated than many other legal actions. People who could be involved in a class action lawsuit often have many questions about these cases. While we’d be happy to answer your specific questions privately in a free consultation, here we provide general answers to some of the questions we get most often.

Are Employment Class Action Lawsuits Filed in Federal Court or State Court?

Generally, a court must have jurisdiction over a legal matter before you can file a lawsuit in that particular court. Most employment class action cases in our state could potentially be filed in either federal court or California state court, so the legal team would analyze the potential advantages of each before deciding where the lawsuit should be filed. When a case hinges on matters of state-specific law or involves California’s statutory penalties for employment law violations, it may prove beneficial to bring the claim in state court, but the decision will depend on many factors.

How Will I Know if My Case Can Be Handled as a Class Action Lawsuit?

When it is possible to satisfy the requirements to certify a class, then it usually indicates that the matter qualifies to be handled through a class action lawsuit. However, the legal standards for certifying a class hinge on fact-specific questions that take considerable legal analysis and interpretation. In the end, it is the individual judge who decides whether your case can be addressed through a class action lawsuit. However, an experienced California employment class action attorney at Justice Law Corporation could review the facts of your case to explain the likelihood of getting approved for a class action suit and the alternatives if it is not.

How Long Does It Take to Complete a Class Action Case?

Because class action lawsuits involve more stages and more claimants than other lawsuits, these cases generally take longer to complete. However, the duration of a class action case can vary significantly, depending on the complexity of the issues and the employer’s response to the allegations.

What Type of Compensation Will I Receive as a Class Member?

It is difficult to predict what a claimant will receive in any type of lawsuit, but predictions in a class action suit can be even more difficult because of the various factors involved. When an employer agrees to pay a settlement or a court awards a verdict, then amounts will be deducted to pay administrative costs and legal fees, including any service award for the class representative, and then amounts may be attributed to class members according to the harm they have suffered due to employment law violations.

What Types of Claims Can Be Handled Through an Employment Class Action Lawsuit in California?

Employees can join a class action lawsuit in situations where their employer has violated employment laws in California. This includes violations of wage and hour requirements, requiring employees to perform tasks off the clock, not providing required meal and rest breaks, performing illegal background checks, wrongful termination, or other unlawful discrimination based on protected factors such as race, refusal to honor family leave obligations, or sexual harassment. If you suspect that your employer is breaking the law and it is affecting many employees, it is a good idea to set up a free consultation with a California employment class action attorney at Justice Law Corporation to find out how we may be able to enforce your rights, recover compensation, and ensure that your employer treats you fairly in the future.