Class Actions and Collective Actions
If the unlawful situation pertaining to you is also pertaining to others, you may be part of a wider class affected by the unlawful conduct. For example, if you employer is failing to pay you overtime pay, it is likely not paying others the overtime owed to them as well. If any of the unlawful conduct described on this website is happening on a wide-scale basis, you may have a class action or collective action lawsuit.
A class action lawsuit allows one person or a small group of people to be represented by a law firm and sue on behalf of tens, hundreds, or thousands of people with similar complaints. Because there is strength in numbers, a class action lawsuit is a powerful tool that individuals can use to enforce the law against large corporate employers and government entities.
There are several factors that law firms must consider prior to bringing a lawsuit as a class action:
Numerosity – are there enough people affected by the illegal practice to warrant a class action?
Commonality – do the affected persons’ situations share common legal issues to be resolved?
Typicality – are the claims of the person(s) bringing the suit typical of those of the entire class?
Adequacy of Representation – will the law firm bringing the lawsuit be willing and able to represent the interests of the entire class?
When considering class action representation, it is important to consider the experience of the lawyers involved in class actions. At Mansell Law, we have handled numerous class and collective actions ranging in size from 10 to 1000+ employees.
For more information on Class and Collective Actions, contact your New York City employment lawyer experienced in Class and Collective Action representation.