San Diego Labor Class Action Attorney

Certain legal claims can be difficult to pursue if you’re alone and facing a well-resourced employer. But if other individuals suffered a similar harm from the same party, you may be able to file a class action lawsuit together. A class action lawsuit allows you to pool your resources and present a stronger case to receive compensation.

If you believe your employer has violated California or federal labor laws, contact Hamparyan Law Firm today. We are top attorneys in Southern California and ready to explore your class action options. Call us at (619) 550-1355 to schedule a free consultation with our San Diego experienced labor class action attorneys.

What is a Class Action Lawsuit?

A labor class action lawsuit is a legal claim filed by one or several employees on behalf of a larger group who have all experienced similar violations in the workplace. For example, if an employer fails to pay overtime to a large number of employees, they can file a class action to recover unpaid wages.

When workplace violations are widespread, or when the employer has wronged many employees, a class action may be more advantageous than filing individual claims. Some advantages of a class action lawsuit include:

• More efficient legal process
• Reduced legal costs by pooling resources
• Increased leverage against the employer.

In a successful class action lawsuit, each member employee will receive compensation according to the amount of harm they suffered. If you’re thinking of starting or joining a class action against your San Diego employer, get sound advice from us at the Hamparyan law firm.

Benefits of a Class Action Lawsuit

Beyond recovering compensation for employees, class action lawsuits can provide these additional benefits:

Ending Unlawful Practices

Filing a class action shines a spotlight on unlawful practices, motivating employers to correct violations going forward.

Strength in Numbers

By banding together, more employees can participate in the case and speak up about injustice in their workplace. It will be harder for a company to suppress grievances when many workers are raising them.

Contingency Fee Representation

Since our attorneys only collect legal fees if the case is successful, employees can access top legal talent without paying hourly fees upfront.

If you want experienced lawyers in your corner willing to go the distance against employer violations, choose Hamparyan Law Firm. Call (619) 550-1355 today for a free case review.

Types of Damages Available

In a successful employment class action settlement or verdict, these are common types of compensation employees may recover:

• Unpaid regular and overtime wages
• Missed meal or rest break premiums
• Interest on wages owed
• Statutory penalties
• Emotional distress damages
• Punitive damages to punish the employer
• Attorney’s fees and court costs.

The total value of a class action settlement can reach millions of dollars depending on the number of employees and severity of violations. Under state law, employers can also be liable for civil penalties for each violation, allowing for substantial damages in class actions.

Common California Labor Law Violations

There are various wage and hour violations and other illegal practices that may occur in the workplace. Some of the most common violations in California that can lead to a class action include:

Failure to Pay Overtime

Under California law, employers must pay overtime wages at 1.5 times the regular rate for any hours worked over 8 per day or 40 per week. Unfortunately, many employers misclassify employees to avoid paying overtime or force employees to work off the clock.

Missed Meal and Rest Break Violations

State law provides employees meal breaks and rest periods during the workday. If employers fail to provide these breaks properly or discourage employees from taking them, it can lead to class action claims.

Employee Misclassification

Employers often misclassify workers as exempt from overtime or as independent contractors to avoid labor law obligations. These types of violations are ripe for class actions.

Illegal Pay Deductions

Employers cannot make deductions from wages unless specifically authorized by law or the employee. Improper deductions from paychecks can form the basis of a class action.

Off-the-Clock Work

Requiring employees to work before or after shifts, not paying for training, or otherwise forcing employees to work without pay can violate wage and hour laws.

How To Start A Class Action Lawsuit In California: Requirements for Class Certification

It is recommended to find a lawyer to help you begin the process of class action case. For a class action to move forward, the court must first certify that the proposed class meets these requirements:

• Numerosity – There must be enough employees affected.
• Commonality – Employees must have faced the same type of violations.
• Typicality – The class representative (person filing the action on behalf of the group) should have a claim that’s typical of the other members of the class.
• Adequacy – The class representatives attorneys must be qualified to represent the class.

If certified, the class action can proceed to trial or push the employer to settle.

Steps for Starting a Labor Class Action

If you want to hold your employer accountable for widespread violations through a class action, these are the key steps to take:

1. Finding a Lead Plaintiff

The lead plaintiff represents the interests of the entire class. We will discuss your case and help determine if you meet the requirements to serve as lead plaintiff.

2. Gathering Evidence From Employees

We will conduct interviews with other employees to gather evidence from multiple witnesses that proves the alleged violations. In the meantime, it’s also crucial that you gather relevant documentation such as your time cards, pay stubs, written workplace policies, communication from the employer, and the like.

3. Filing a Class Action Complaint

Once we have a lead plaintiff and evidence, we can file a class action complaint with the court, alleging specific labor law violations against the employer.

4. Seeking Certification of the Class

We will petition the court and make legal arguments so the judge will certify the class, allowing the case to include all employees who suffered violations.

How a San Diego Class Action Attorney Can Help

The employment attorneys at Hamparyan Law Firm can help by providing legal guidance and representation if you believe your workplace rights have been violated. Our services include:

Investigating Potential Violations

We will thoroughly review your employment records such as timecards, pay stubs, policies, and procedures to identify any violations. We can also conduct employee interviews to gather evidence.

Determining if a Class Action is Appropriate

Based on our investigation, we will analyze whether your case meets the requirements for a class action or if another legal strategy is better.

Handling All Aspects of the Class Action

If a class action is appropriate, we will handle all aspects of the case including drafting pleadings, seeking certification of the class, conducting discovery, negotiating with the defense, and taking the case to trial if necessary.

Recovering Lost Wages and Other Damages

Our goal is to build maximum pressure on employers so they agree to a fair settlement or jury verdict. This allows employees to recover lost wages, overtime pay, missed meal and rest break premiums, interest, penalties, attorney’s fees, and other damages.

Over the past two decades, we at the Hamparyan law office have recovered over $100 million for our Southern California clients. Our track record of success is why San Diego workers trust us for employment claims. In addition, we take cases on a contingency fee basis – you pay nothing until we win your case.

FAQs About California Class Actions

Below we answer some of the most common questions employees have about participating in a labor class action:

How much does it cost to join a class action lawsuit?

It costs nothing for employees to join a class action lawsuit. Our attorneys handling labor class action litigation work on contingency, meaning they only collect if the case is successful. Employees have no out-of-pocket costs.

What is the difference between a class action and a PAGA lawsuit?

A PAGA (Private Attorneys General Act) lawsuit allows an employee to act as an “attorney general” – a state attorney who advocates for a group of workers. In a PAGA action, employees may recover civil penalties on behalf of the state for California Labor Code violations.

PAGA cases involve less stringent requirements compared to class actions. In addition, if your employer made you sign a mandatory agreement that waives your right to a class action lawsuit, it may still be possible to pursue a PAGA case.

Our law firm uses PAGA lawsuits as well as class actions to optimally compensate employees depending on the specifics of each case.

What if I’m afraid of retaliation for joining a class action?

Retaliation for asserting your workplace rights is illegal. As your lawyers, we can seek court orders protecting anyone participating in the case from retaliation. If any employees face adverse actions for joining the class action, we can amend the lawsuit to include retaliation claims with additional damages.

How long do employment class action lawsuits take?

Class actions typically take one to three years from filing through trial or settlement. The length depends on factors like the court’s schedule and complexity of the case. We develop an aggressive strategy for resolving the case as quickly as possible while maximizing recoveries.

Can I file a class action lawsuit on my own?

While you can file a class action without an attorney, employers usually hire experienced defense attorneys to fight back hard against claims. Without a seasoned lawyer on your side, it can be extremely difficult to handle document requests, depose witnesses, retain experts, build strong arguments, and navigate complex laws.

What industries commonly have wage and hour violations?

Industries like healthcare, retail, hospitality, delivery services, construction, security, janitorial, trucking, and warehousing frequently have wage issues resulting in class actions. But violations can happen at any organization regardless of industry.

What happens if a class action lawsuit loses?

If a class action is ultimately unsuccessful, the employees who participated do not have to pay anything to the employer or reimburse legal fees and costs. Our firm only collects attorney fees if we win your case and recover compensation, either through a settlement or jury verdict.

How much money could I recover from an employment class action in California?

The amount an individual employee may recover depends on factors like the number of violations they experienced and their length of employment. Awards can range from thousands to tens of thousands of dollars per class member. Settlements often reach millions total when all employees participate.

Is there a time limit for filing a labor class action in San Diego?

Yes, employees have a limited time period to take legal action over labor law violations. In California, employees must file class action claims within three years for straight violations of wage laws. Other statutory claims have shorter deadlines. Contacting a lawyer as soon as possible ensures you do not run out of time.

What violations qualify for a class action under California law?

In addition to the failure to pay regular and overtime wages properly, here are some other examples of workplace violations that often form the basis for class actions: missed meal and rest breaks, employee misclassification, illegal deductions from wages, off-the-clock work, failure to reimburse expenses, whistleblower retaliation, discrimination, and health or safety violations.

Need An Experienced Class Action Lawyer? Act Now.

Schedule your free consultation with a San Diego labor class action attorney from Hamparyan Law Firm.

Our San Diego lawyers have helped thousands of Californians recover millions of dollars in compensation for the harm they suffered. We are well-equipped to handle employment class actions. Contact us at Hamparyan Law Firm today at (619) 550-1355 for a free, no-obligation consultation if your legal rights have been violated.