Class Action Lawsuits
Definition of Class Action
A Class Action Lawsuit is a lawsuit brought by one or more plaintiffs on behalf of a large group of people who have at least one common legal claim. In a wage and hour context, it basically means that a group of employees were not paid their wages correctly by the employer in a similar way and have chosen to file the wage claim lawsuit as a class action.
Examples of Potential Wage & Hour Class Actions
There are endless situations where a wage and hour class action lawsuit could be brought. Here are a few examples where a wage clam class action suit likely is superior to bringing an individual wage claim lawsuit:
1. Mass layoff/Late Pay - Employer lays off 300 employees without providing 60 days notice under the WARN Act. (WARN Act). Or where the employer is in Oregon and fails to timely pay the final wages. (Oregon Late Pay Page). A wage and hour class action lawsuit can be brought to remedy mass layoff situations affecting timely final payments or the WARN act.2. Minimum Wage – Employer pays less than minimum wage to a large group of employees either by not counting all hours worked, or by paying at a rate lower than the minimum wage rate. (Oregon Minimum Wage Page); This could also be caused by not increasing the minimum wage when the minimum rate has increased. (Washington Minimum Wage Page). For instance, on January 1, 2014, Oregon increased their minimum wage by fifteen cents to $9.10. A wage and hour class action lawsuit can be maintained to recover minimum wages due under a common employer scheme to avoid payment of minimum wages.3. Time Clocks – Employers use electronic time clocks to under report time and reduce the wages for a group of employees. Sometimes this is accomplished by changing the actual punch times. Employers also deduct for full 30 minute or one hour lunches that were not taken, or deduct the full lunch time from the wages where the employee only was provided part of the lunch. A wage and hour class action lawsuit can be brought to remedy an employer’s choice to improperly record hours worked.
4. Overtime Misclassification - Employers often misclassify certain positions as exempt from overtime. (Oregon Overtime Page); (Washington Overtime Page). A wage and hour class action lawsuit can be brought to remedy a large group of misclassified employees who are due overtime wages.
5. Deduction - Employers often make mass deductions from employees. For instance, where an employer deducts uniforms from a large group of employees who are paid minimum wage, the deductions are likely unlawful. In such situations, all employees who were subject to the deduction likely have an unlawful deduction wage claim lawsuit. Further for those employees whose employment ended after the unlawful deduction, also likely have a late payment of final wages lawsuit.
Former Clients Have Expressed A Desire to Bring A Wage and Hour Class Action wage claim for the Following Reasons
1. Strength in numbers. Often large employers do not change the way they do business because one person filed a lawsuit against them. It is often less expensive to pay the individual’s lawsuit than correct the underlying unlawful conduct. However, where the employer is required to pay a group of employees’ claims, the cost to the employer is often too high to ignore causing the employer to correct its unlawful conduct.
2. Concern for co-workers. Employees often care what happens to their coworkers and simply feel good about helping their current or former co-workers.
When Can Employees File Class Action Lawsuits?
There are many complex requirements for filing class action wage claim lawsuits. The requirements vary depending upon which court you file and prosecute your case, and the specific facts supporting your case. Click the following link for a basic thumbnail sketch of the requirements to bring a wage claim class action. (Requirements for Class Actions)
Wage Claim Attorneys
The wage claim attorneys (lawyers) at Schuck Law, LLC focus their law practice on wage claim and class action wage claim lawsuits. Our wage claim attorneys regularly prosecute Oregon wage claim lawsuits for employees and have significant experience in prosecuting wage and hour class action lawsuits. In addition to the claims for damages outlined in this website for wage claim violations, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the class action wage and hour lawsuit. This allows the wage claim attorneys at Schuck Law, LLC to take most wage claim lawsuits and class action wage claim lawsuits on a contingency fee basis.
The wage claim attorneys (lawyers) at Schuck Law, LLC prosecute Oregon class action wage claim lawsuits throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Bend, Portland, Clackamas, Coos Bay, Grants Pass, Portland, Hillsboro, Hood River, Klamath Falls, Portland, Lincoln City, Madras, McMinnville, Portland, Medford, Portland, Sandy, St. Helens, and Tillamook. The wage claim attorneys (lawyers) at Schuck Law, LLC also prosecute Washington class action wage claim lawsuits throughout Washington, including, but not limited to Seattle, Vancouver.
GoogleBy David Schuck