California employment class action lawsuits offer workers a powerful legal tool to hold employers accountable for workplace violations. If you have been unfairly compensated, have been denied basic employee rights, or have been subjected to a hostile work environment, you may not be alone. Learn more about what a class action lawsuit is, who can file one, and what to expect during a class action case against your employer.

What Is an Employment Class Action Lawsuit?

A class action lawsuit is similar to a civil claim, but it involves a large group of people with similar claims against an employer regarding illegal workplace practices, particularly if these practices are systemic. A Carlsbad employment lawyer can help. There are numerous benefits to filing a class action lawsuit rather than individual suits, including:

• Having strength in numbers, with more evidence available to prove a pattern of abuse
• Sharing legal costs and time spent in the process
• Placing greater pressure on the employer to resolve the matter and change their behavior

In most cases, unlawful work practices do not affect a single individual. Speaking with an attorney and other trusted coworkers may lead to an agreement to pursue a class action lawsuit.

Who Should File a Class Action Lawsuit in California?

A group of employees with evidence of a particular kind of systemic unlawful workplace practice can band together to file a class action lawsuit against their employer. There are various bases under which a class action can be filed in California:

Wage and Hour Theft

Failing to pay employees wages they are due or forcing them to complete work off the clock is unlawful in California. A wage and hour theft class action lawsuit can be filed when there is evidence that an employer has violated California’s minimum wage, overtime, and meal and rest break laws and that this has affected multiple workers.

Discrimination

Class actions based on discrimination can be initiated when there is a pattern of unfair treatment against a group of employees based on a protected characteristic. This can include discrimination based on race, skin color, disability, sex, age, religion, national status, or gender, for instance. Unfair treatment can translate to poor working conditions and disparities in pay or opportunities for promotions.

In 2024, the EEOC received 5,099 discrimination claims from employees in California.

Sexual Harassment

California law protects employees from sexual harassment and from being subjected to a hostile workplace environment. Sexual harassment can take many forms, including a superior offering a promotion or pay raises in exchange for sexual favors. When multiple employees are affected, especially if the behavior is a part of the company culture, a class action lawsuit may be appropriate

Between 2018 and 2021, the EEOC recovered $299.8 million in damages for individuals who filed a sexual harassment claim against their employer.

California Employment Class Action Lawsuits Process

Workers are increasingly turning to class action lawsuits as a way to hold their employers accountable for unlawful work practices. In fact, 2024 saw a 10% increase in the number of labor and employment class action lawsuits filed across the U.S.

Deciding to pursue a class action lawsuit is the first stage in a complex legal process. Below are the key steps you can expect when pursuing a California employment class action lawsuit:

• Gathering documentation such as pay stubs, timesheets, emails, texts, and witness statements showing a pattern of illegal workplace behavior against a group
• Contacting a qualified attorney who can evaluate your case, help determine if your group meets the legal criteria for a class action, and assist you in filing the necessary paperwork.
• Choosing a class representative, who can be one or more employees, to act on behalf of the entire group throughout the process. The representative is one of the employees who is part of the claim.
• Certifying a class with the court, where a judge agrees that the group is large enough and that they have similar claims. Without having a class certified by the court, it is not possible to move forward with the class action.
• Engaging in negotiations or mediation with the employer to reach a settlement. A recent 2024 reform to California’s Private Attorneys General Act (PAGA) has introduced streamlined processes that incentivize employers to settle claims through negotiation.
• Litigating a case in court with the assistance of a qualified employment class action attorney if a settlement cannot be reached through negotiation.

At the conclusion of a class action lawsuit, the employees in the claim may be entitled to receive a portion of the settlement that includes unpaid wages, back pay, legal fees, and additional damages.

FAQs About California Employment Class Action Lawsuits

What Is the Average Payout for a Class Action Lawsuit?

It is not possible to estimate the payout for a class action lawsuit. Final settlement amounts may vary depending on the specifics of the cases. Settlements can consist of backpay, unpaid wages, or overtime pay. An employer may also be required to pay punitive damages and damages for emotional distress.

Is There a Downside to Joining a Class Action Lawsuit?

Though class action lawsuits offer numerous advantages to employees facing mistreatment at work, there may be some downsides to joining a class action lawsuit. First, there is more than one plaintiff in the case, meaning that decisions may need to go through multiple people before a case moves forward. Additionally, payout amounts are lower since the settlement is divided among participants.

Can I Get Fired for Participating in a Class Action Lawsuit Against My Employer?

No, you cannot legally get fired for participating in a class action lawsuit against your employer in California. Both state and federal law provide protections against termination based on retaliation. You may be able to file a separate claim if you have faced wrongful termination due to your participation in a class action lawsuit.

What Is the Difference Between a Lawsuit and a Class Action Lawsuit?

In a lawsuit, one person or a small group of people files a claim against a defendant. A class action lawsuit involves bringing a larger group of plaintiffs with similar claims. Class action lawsuits are more appropriate when there is evidence that there is a systemic issue that affects numerous individuals.

California Employment Class Action Lawsuits Offer Several Advantages

Employment class action lawsuits allow workers to hold employers accountable for systemic violations of labor laws, whether it is wage and hour laws or laws protecting individuals against discrimination or sexual harassment. Joining a class action may help empower you and your colleagues and can lead to the compensation you deserve.

You can speak to a skilled Carlsbad employment lawyer from Jimenez Loayza, APC, to learn more about employment class action lawsuits. Contact our office today for a free and confidential consultation.