What are Class and Collective Action Lawsuits?

(1)  Class Action Lawsuits:

A class action lawsuit involves a group of individuals collectively filing a legal action against an employer for common grievances.  Common issues, such as widespread wage-and-hour violations, discrimination, or other employment law violations unite the members of the class.

(2)  Collective Action Lawsuits:

A collective action lawsuit is a legal action asserted under the Fair Labor Standards Act on behalf of a group of employees who have suffered similar violations, typically related to unpaid overtime or minimum wage issues.  Employees must opt-in to collective actions, actively expressing their intention to join the lawsuit.

Benefits of Class and Collective Actions:

(1)  Strength in Numbers:

One of the key advantages of class and collective actions is the collective strength they bring to addressing widespread employment law violations.  By joining together, a group of employees can present a more formidable challenge to employers who may be engaging in systemic wrongdoing.  Further, class action collective actions highlight the scope and severity of the alleged violations, attracting attention from both the public and the legal system.  This increased visibility often puts pressure on employers to address and rectify issues.

(2) Cost-Efficiency:

Pursuing an individual lawsuit can be financially burdensome for employees.  In class and collective actions, legal costs are shared among the group. This cost-sharing makes it more feasible for individual employees to seek justice without shouldering the entire financial burden.

The cost-sharing aspect of class action collective actions also enables employees to access high-quality legal representation that they might not afford individually. This levels the playing field, ensuring that all members of the class or collective have competent legal counsel.

(3) Leverage for Settlement Negotiations:

The sheer number of individuals involved in a class or collective action often gives the group increased bargaining power during settlement negotiations.  Employers may be more inclined to negotiate favorable terms to resolve the class and collective claims efficiently.

Additionally, successfully resolved class and collective actions can act as a deterrent to other employers, discouraging similar practices and contributing to the overall improvement of employment standards within an industry or sector.

Steps in Filing a Class or Collective Action Lawsuit:

(1) Initial Consultation:

The process begins with the affected employee seeking an initial consultation with one of the attorneys at Mobilio Wood. During this consultation, the attorney will assess the viability of the potential class or collective action by evaluating the nature of the alleged violations, the number of affected individuals, and the shared legal and factual issues.  The attorney will help the employee understand whether his or her situation qualifies for a class action and/or collective action.  

(2) Filing the Lawsuit:

Once the decision is made to proceed, the attorneys at Mobilio Wood will file the lawsuit on behalf of the affected employees. This initiates the legal process and officially brings the allegations to the attention of the court and the employer.

(3) Conditional FLSA Certification and Notice (Collective Actions):

In collective actions under the FLSA, the attorneys at Mobilio Wood will file a motion for conditional certification with the court. This motion attempts to demonstrate the existence of a common unlawful policy, and seeks the court’s approval to notify other employees who might be similarly affected by the policy about the lawsuit.

If the court agrees that there is enough in common among the employees, it grants conditional certification. This allows the attorneys at Mobilio Wood to send a notice to other employees informing them about the lawsuit.

Employees who receive the notice have the option to affirmatively choose to join the lawsuit by completing a consent form.  Employees do not automatically become part of the lawsuit; they must make a voluntary decision to become involved. 

(4) Final FLSA Certification (Collective Actions):

After employees who have received notice of the collective action have opted-in to the lawsuit, the attorneys at Mobilio Wood will file a motion with the court seeking final certification of the collective action.  The motion attempts to demonstrate that the employees are “similarly situated” in terms of job duties, responsibilities, and FLSA violations at issue.  

If the court grants final certification, it means that the case will proceed to trial as a collective action, including all the employees who opted-in to the lawsuit.

(5) Class Certification and Notice (Class Actions):

In a class action, the attorneys at Mobilio Wood will file a motion with the court seeking class certification. This motion attempts to demonstrate the employees involved share common legal and factual issues, and asks the court to recognize and approve the case as a class action.  Think of class certification as the court’s approval to treat the lawsuit as a group effort. Instead of individuals pursuing separate cases, everyone with similar claims can join forces to address common issues together.

If the court agrees that there is enough in common among the employees, it grants class certification.  This allows the attorneys at Mobilio Wood to send a notice to other employees informing them about the lawsuit.

Employees who receive the notice will be automatically included in the lawsuit unless they actively choose to opt-out.  The case will then proceed to trial as a class action.

How Our Firm Can Help:

As seasoned experts in employment law, the attorneys at Mobilio Wood are dedicated to assisting employees in prosecuting class and collective action lawsuits.  Our legal team is equipped to navigate the complexities of class and collective action lawsuits and provide tailored solutions for your unique situation.