Class Action: Employees Fight Back
Without the help of employees who have unselfishly participated in California labor class actions, many of the abuses by large businesses would never be addressed.
Being a class representative comprises a very exclusive group of individuals. It is fair to say that this group has affected the lives of millions of workers by participating in the enforcement of the labor laws at the most meaningful level. That is by helping to bring to light labor law abuses and by doing so the return of hundreds of millions of dollars to millions of employees. No governmental agency has the resources to be as effective as the class action labor case.
A person who acts as a class representative is in a unique position of taking his or her claim and multiplying its beneficial impact on hundreds and sometimes on thousands of other workers who are in similar circumstances.
In order for one to act as a class representative several criteria must be met. The claims being advanced must also apply to his or her co-workers in that the circumstances have to be typical of the proposed class.
In other words, the general circumstances under which other members of the class work must be similar to that of the class representative. This includes the nature of work as opposed to the title given for that work; whether such job is exempt from the payment of overtime or not; whether full meal and rest breaks are given and whether expenses paid by employees are properly reimbursed.
The class representative holds a special position because he or she is acting on behalf of his or her fellow employees and for this reason will be participating in decisions of what is fair for the class. In effect these decisions are recommendations that a judge will have to weigh before approving any resolution of the class claims and issuing a final judgment. This process also includes determining the amount of special fees which are to be paid to the class representative for his or her participation. This sum is generally referred to as an “enhancement award”.
These cases commonly involve several highly experienced law firms who represent the class and a law firm representing the employer. The class representative works closely with his team of attorneys advising them regarding his experience in the workplace and providing testimony in a deposition.
Although the representative’s participation is critical, the amount of time required is not overly burdensome as most of the work is shouldered by the law firms. These law firms invest a substantial amount of time assembling facts and working on legal research in order to achieve a successful outcome.
Over 99% of these claims are resolved before trial through voluntary mediation. Upon reaching common ground for settlement the facts and resolution are presented to the court for approval. The court will require that everyone in the class be notified of the terms of settlement who are then given an opportunity to either, remove their individual claim from the class settlement and proceed on their own, or to make comment to the court.
After the court has given everyone, affected by the proposed settlement a chance to be heard, the court will either approve the settlement or require changes before approval is granted. Only when the court is satisfied with the terms of the entire settlement, will the judge issue a ruling in the form of a judgment approving the settlement.
For a class representative being part of this process is important as well as rewarding.
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