Ventura Class Action Attorneys
Lawyers based in Ventura County who handle class action lawsuits throughout California
Class actions begin as lawsuits brought by one or a small group of employees who have been legally wronged in the same or a very similar way. Class actions can be beneficial because they make it possible to efficiently fix injustices to large classes of workers, especially where the cost of bringing an individual smaller lawsuit for just one person would outweigh the benefit.
Some typical examples of class actions are:
- Employees of the same company who were erroneously told they are exempt from overtime compensation as executive, professional, administrative, or computer professional employees
- Workers at the same company who are misclassified as “1099 employees” or independent contractors when they should have been hired, paid and treated as “W2 employees”
- Employees on the same public works project by a prime contractor or subcontractor but are not paid prevailing wages as required by the California Labor Code
- Workers of the same employer who must spend their own money on their company’s business expenses without reimbursement, such as automobile expenses and required cell phone expenditures
- Groups of employees at a work site who are laid off but not given enough advance notice under the Worker Adjustment and Retraining Notification (WARN) Act
- Workers at the same facility who must perform job-required activities while off-the-clock for which they should be paid
It takes only one worker to volunteer to act as “lead plaintiff” or “representative plaintiff” initiating the litigation on behalf of the class of hundreds or thousands of similar workers or employees. In each class action, the court will at some point decide whether to “certify” the class. Often, courts award enhanced damages to “lead” or “representative” plaintiffs as compensation for the standing up for the legal rights of entire class.
If you believe you have a wage or employment claim that could become a class action, email or call now to speak with one of the class action attorneys at Rose Law. Dial 1-800-456-3767.
Wage and Overtime Class Action Lawyers
Nationwide “collective actions” can be brought by underpaid workers of the same employer under the federal Fair Labor Standards Act (FLSA) (29 U.S.C. 201, et seq.) and the Portal-To-Portal Act (29 U.S.C. 251 to 262), which protect employees against
- working “off the clock” without pay
- working for less than the federal minimum wage
- working more than 40 hours in a workweek without overtime pay of 1½ times the employees’ regular rate of pay, unless the employee legitimately qualifies as exempt
The statute of limitations under the FLSA typically goes back up to two or three years, depending on whether the law violations were “willful.” Double damages, interest, and attorney’s fees can also be recovered in many cases.
Statewide California class actions can be brought by employees in the same company under the California Labor Code and regulations of the Industrial Welfare Commission (IWC), commonly known as “IWC wage orders.”
Beginning in 2015, mistreated employees can hold temporary agencies jointly responsible under California Labor Code section 2810.3 when labor laws are violated.
Labor Code Private Attorneys General Act (“PAGA”) Attorneys
Under the Labor Code Private Attorneys General Act (PAGA) (Lab. Code sec. 2698, et seq.), California allows “representative actions,” which are similar to class actions, against law breaking companies who mistreat their personnel by violating certain Labor Code provisions. Before a PAGA representative action can start, a particular notice must be given to the California Labor and Workforce Development Agency (LWDA) and the company.
The statute of limitations under the California Labor Code typically goes back three years. Interest, penalties and attorney’s fees are recoverable is most cases.
If believe you have been required to work without proper minimum wages or overtime pay, email or call now to speak with one of the labor and employment law class action lawyers at Rose Law. Dial 1-800-456-3767.
Unfair Competition Law Attorneys
California’s Unfair Business Practices Act (Business & Professions Code § 17200), also known as the Unfair Competition Law (UCL), makes illegal wage payment practices an unfair business practice because law breaking employers hurt law abiding companies in their ability to honestly compete. The UCL adds a fourth year to the statute of limitations for California-specific claims.
