Class Action FAQ
How to Join a Class Action?
“When the question is one of a common or general interest, of many person\s, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.” See California Code of Civil Procedure § 382
Our Firm files class actions under the California Labor Code and Business & Professions Act (Unfair Competition Law), as well as collective actions under the Fair Labor Standards Act. We represent employees in employment class action lawsuits, sometimes called wage and hour class actions, as well as civil enforcement actions on behalf of the State of California under the Labor Code Private Attorneys General Act of 2004 (PAGA). If you have any questions, please contact us or call (619) 693-7727.
How do I join a class action?
Typically, you do not need to take any action to join a class-action lawsuit. A single person, called the class representative, files the action on behalf of themselves and all others similarly situated. In the employment context, this means current and former employees of the defendant employer. The class definition will define the scope of the employees covered by the case.
Am I required to participate in a class action?
Most class members are only ever involved in a case when it settles. In some cases, like under the Fair Labor Standards Act, you may be required to “opt in” to affirmatively consent and participate in the lawsuit. This is typically only the case for cases filed under federal wage and hour law (as opposed to the California Labor Code) and information on how to do so will be explained in a class and collective action notice mailed to you.
When a case settles, you In most cases, a person called the class representative files the lawsuit on behalf of themselves and all others similarly situated. In certain cases
Why did I receive a notice with your Firm’s name on it?
There are a number of different reasons why you may have received a notice with Ferraro Employment Law’s contact information on it:
- Belaire-West Privacy Notice: You received this notice because you are a potential class member or aggrieved employee in a case we have filed against your current or former employer. We asked that the Company provide the contact information for the group of affected employees, including you, and this notice was mailed to inform you and other employees of your privacy rights. These notices are typically sent by a third-party class action administrator. You may contact us if you have any questions. Please read the notice carefully!
- Class Notice: If you received a Class Notice in the mail with our Firm’s information, this means that your rights may be affected in a case that was recently filed or settled. Notices often include information about the legal claims and factual allegations, how to participate, the estimated settlement payment, and information about upcoming hearings. Importantly, these are court-approved notices and provide instructions about how to participate or exclude yourself from the case or settlement and how to object.
- Direct Correspondence: These are letters sent directly from our Firm regarding facts or information about a pending case concerning your current or former employment or legal rights.
Please call (619) 693-7727 for more information.
How much does it cost to join a class action?
It does not cost anything to join. In most class actions, the lawyers handling the case only receive a fee and reimbursement of costs if they obtain a settlement or verdict for the group of represented employees. Any legal fees are deducted from the settlement or court award, and subject to two rounds of judicial oversight and approval.
How is a class action different from a PAGA action?
There are many differences. PAGA actions seek to recover civil penalties for violations of the California Labor Code, whereas class actions seek to recover a combination of wages and penalties. PAGA actions are limited to a one-year statute of limitations, whereas in class actions you can often recover four years of unpaid wages. Finally, PAGA actions are filed by an individual person as a proxy for the State of California. PAGA is inherently an enforcement mechanism deputizing employees to enforce California’s labor laws and recover civil penalties for the State and for the aggrieved employees. Civil penalties recovered are split among the State of California and the aggrieved employees, with 75% going to the State and 25% to the employees. In a class action, the wages and penalties recovered are distributed to the employees.
How long does a class action lawsuit take?
Every case is different, but employment class action lawsuits typically take at least 12 months to more 36 months. The length of the case ultimately depends on the court, the company, the amount of evidence, and the facts and legal issues in each case.
How do I file a class or PAGA action?
You need to work with experienced wage and hour lawyers to evaluate your situation and prepare your case. If you have been the victim of a current or former employer’s systemic employment law violations or if you worked for a defendant in one of our active or settled cases, contact us or call (619) 693-7727.