A class action lawsuit seeks to redress injuries on behalf of a large number of persons who are similarly situated. In the employment context, class actions are commonly brought for unpaid wages, missed meal breaks, missed rest periods, or misclassification. Here are some examples:
- Class certification was granted to restaurant workers seeking claims for off-the-clock work, missed meal periods, and missed rest periods. Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004, 1005 (2012) ("employer's obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires").
- Class certification for donning and doffing time by poultry plant workers was proper for overtime claims brought under the Fair Labor Standards Act ("FLSA") where those claims were supported by statistical evidence. Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. 442, 452 (2016) (applying standard for class certification under Federal Rules of Civil Procedure to FLSA collective action).
- Class certification was appropriate to grant to janitorial workers alleging missed meal periods, failure to provide mandatory split shift premium pay, and failure to compensate for travel expenses incurred when traveling between jobsites. ABM Indus. Overtime Cases, 19 Cal. App. 5th 277, 286 (2017).
These are but a few examples. If you think you have a class action against your employer or former employer, contact us.