Carlsbad Class Action Employment Attorney
If you are an employee who has witnessed or dealt with unlawful treatment at your job, including not being paid what you are entitled to or facing discrimination or sexual harassment, you may not be alone. A trusted Carlsbad class action employment lawyer can explain your legal options if you and your colleagues have collectively suffered from workplace violations.
Jimenez Loayza, APC, represents workers in Carlsbad and all over San Diego County who are interested in filing a class action lawsuit against their employers for practices such as wage theft and discrimination. Our compassionate Carlsbad employment lawyer listens to your case and cooperates with your group to hold your employer accountable.
We Represent Carlsbad Workers Facing Unlawful Treatment at Work
Carlsbad employees are entitled to a harassment-free work environment where they are compensated adequately and afforded opportunities based on their skills and hard work. Nevertheless, some employers may subject or allow their employees to be subjected to unlawful workplace practices that undermine these rights. Jimenez Loayza, APC, represents workers in the Carlsbad community who have faced any of the following:
- Wage and Hour Theft: Receiving less pay than the legal minimum wage of $16.50 if they live in Carlsbad or not receiving overtime pay as a California employee (with some exceptions), which is 1.5 times an employee’s hourly pay for work above 8 hours in a day or 40 hours of work in a week.
- Meal and Rest Break Violations: Being denied legally mandated meal and rest periods. Most California employees are entitled to a 30-minute unpaid break for five hours of work and a paid 10-minute rest for every four hours worked.
- Workplace Discrimination: Being treated unfairly at work through unequal pay, poor working conditions, or missed opportunities for promotion due to an employee’s status as a member of a protected class (i.e., race, gender, national origin, religion, sex, disability, age, etc.). The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work.
- Sexual Harassment: Being subjected to unwanted physical contact, unwelcome sexual advances, verbal and non-verbal sexual remarks, or quid pro quo. Sexual harassment may also be considered a type of discrimination based on sex.
- Benefits Violations: Not being allowed to enjoy benefits an employee is entitled to, such as sick leave, FMLA leave, or other types of paid leave. This can result from employers directly denying or restricting access to these benefits or retaliating against employees who want to use these benefits.
Workplace violations are prevalent in California. A survey conducted by San Diego State University found that out of 843 San Diego County employees surveyed in 2024, 87% believed they had fallen victim to wage theft in the previous 12 months. Additionally, the California Civil Rights Department received 11,635 employment complaints in 2023, leading to 4,072 cases total that year.
During an initial consultation with our Carlsbad employment lawyer, we can evaluate your case, shed more light on whether you have faced a workplace violation, and explain whether a class action lawsuit is the most optimal course of action in your situation.
How a Carlsbad Class Action Employment Lawyer Supports Your Case
In many cases, employees facing workplace violations can file a claim directly with the California Department of Industrial Relations or the Equal Employment Opportunity Commission (EEOC). There are times, however, when an attorney may recommend filing a class action lawsuit against an employer. A class action lawsuit is filed by a group of employees who have suffered unlawful treatment by the same employer.
This can be possible when there is evidence that an employer has engaged in systematic discrimination, wage theft, or other illegal work practices that affect multiple employees in the same way. Class actions provide numerous advantages over individual claims. They allow for the pooling of evidence and resources, strengthen the case by uniting many affected employees, and help increase the pressure on employers to provide restitution to their workers.
With the assistance of a skilled Carlsbad class action employment lawyer, employees can understand the steps involved in filing a class action, including selecting a class representative and navigating the court process to be certified as a class, ensuring the claim moves forward. An employment attorney can also help you prepare and present necessary evidence to support a case throughout the litigation process.
FAQs About Carlsbad,CA Class Action Employment Law
How Much Does an Employment Lawyer Cost in California?
The cost of an employment lawyer is dependent on the scope of a case, where the attorney is based, and the years of practice they have in employment law. For class action cases, attorneys typically charge a contingency fee, which is a percentage of the total settlement amount in a case. As a result, in many cases, litigants are not required to pay upfront fees.
What Is the Average Payout for a Class Action Lawsuit?
There is no set average for payouts in a class action lawsuit. What individual members receive in a class action lawsuit can depend on the specifics of the case and the total amount received in the settlement. Some employers may be required to issue back pay, and in certain cases, a business may need to pay damages for its actions.
Is It Worth Filing a Class Action Lawsuit?
If multiple employees have suffered from similar workplace violations, and they can provide sufficient evidence and share any legal costs that arise, it may be worth filing a class action lawsuit. With the assistance of a skilled attorney, they may be able to obtain substantial compensation from an employer.
Filing a class action lawsuit can also help introduce systemic changes within a company or sector that help improve conditions for workers in the future.
Can an Employee Be Terminated for Reporting a Workplace Violation?
It is unlawful for an employer to retaliate against an employee or group of employees for reporting a workplace violation or filing a class action claim. California law protects employees from being terminated or facing consequences solely based on their filing of a complaint or being a whistleblower. An attorney can advise you on the steps to take if you have faced retaliation.
Contact Our Dedicated Carlsbad Class Action Employment Lawyer Today
The trusted Carlsbad employment lawyers at Jimenez Loayza, APC, work diligently to help you obtain what you are entitled to as a Carlsbad employee. We work with individual clients as well as multiple workers interested in filing a class action against their employer. Contact us today to discuss your options.
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