Can a “class action” apply to my employees?
Yes. Generally speaking class actions are only available when a sufficient number of employees have allegedly suffered the same or sufficiently similar legal harm. Federal class actions have been certified with as little as 20 employees.
Common class actions in the employment and labor arena include: discrimination class actions (all women are denied a benefit provided to men), wage and hour class actions (a class of “exempt” employees is misclassified, overtime is incorrectly calculated, or rest and meal periods, if required by law, are not provided) and class actions involving independent contractor status.
(Reviewed 9-08)
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