Employment Lawyers Group Services

Class Action

Our law firm is eager to take on new wage and hour class actions against employers.
There are, however, several preliminary issues before a wage and hour class action can be filed. First, did the employee sign a binding arbitration agreement? If the employee has agreed to binding arbitration they have given up their rights to bring a class action as well as any action in court. They will have to bring their case in arbitration. In arbitration we might be able to file what is called a PAGA, Private Attorney General Act lawsuit to recover penalties for you and the employees who are similarly situated in terms of the wage violations. PAGA actions are not class actions, but they do allow one employee to recover penalties on behalf of their coworkers who suffered the same wage practices.

Presuming the employee has not signed a valid binding arbitration agreement, the next question is are there enough people for a class action. The criteria is based upon the statutory period. Wage and hour cases typically have four year statutes of limitation. The question is how many employees experienced similar treatment within the four year period; not how many employees work at the company at once. Some Federal cases have allowed class actions for 40-some employees. We would like to see at least 50 employees if not closer to 100 for a class action. Numerosity is one of the requirements for a class action.

If a binding arbitration agreement has not been signed and there are numerous people with the same violations the case might be a good candidate for class action status. There are still issues about how easy it is to prove the wage violation happened in a systematic fashion. Those are questions class action lawyer, Karl Gerber, would be happy to discuss with you if you call 310-842-8600.

EMPLOYMENT CLASS ACTION LAWYER

Although the chance of a lawyer being paid a decent hourly rate increases if the case is filed as a class action, there are several concerns our firm feels are ethical issues. Other class action firms do not necessarily agree and are eager to get potential clients to sign-on as class representatives when it might be better for them to pursue their claims individually. The basic issue is how much is the employee owed? If the employee is owed a relatively small amount of money, or the penalties are greater than what is owed class action status is the way to go. Realistically, a competent wage and hour lawyer is not going to take a case for a few thousand in unpaid wages. Those cases should be brought in small claims court, or with a Department of Labor Standards Enforcement which is an administrative agency in which an employee can attempt to collect a small amount of wages from their employer without an attorney.

Employees owed large amounts of money, sums over $30,000 need to consider whether it is in their interest to file a class action. However, $30,000 is not a particularly large sum to attract a lawyer on a contingency. The amount of work involved in recovering $30,000 does not justify hundreds of thousands of dollars of lawyer time or up to $30,000 to prove $30,000 is due. Although the lawyer might work on a contingency, a lawyer cannot afford to hope to earn $50-100 an hour on a contingency. A few employees owed $30,000 are more likely to generate the interest of a serious wage and hour lawyer, but not all. There are, however, some wage and hour cases where employees are owed more than $100,000 a piece. Those cases should be handled individually. It is unlikely the employee will get the same type of settlement if they file a class action. Private Attorney General (PAGA) penalties should be filed in actions involving large amounts of wages and smaller amounts of wages. PAGA penalties motivate settlement, and create larger individual recoveries if there is not a settlement. Contact Karl Gerber, a leading PAGA lawyer and find out why at 310-842-8600.

UNPAID WAGES

There are many varieties of unpaid wages our wage attorneys sue for. Unpaid wage cases are not only for hourly employees who are owed overtime, or their hours were shorted. The number of California Labor Codes pertaining to hourly employees, however, are substantial. The failure to properly pay an hourly employee or to allow them to take meal and rest breaks creates many violations.

The more unusual unpaid wage lawsuits involve stock options and mandatory bonuses. Discretionary bonuses are not the best things to sue for. Commissions also come up in unpaid wage cases. In California, commission agreements must be in writing. If they are not in writing, we can still help. We may be able to prove the entitlement to commissions through prior practice, procedure, and emails. Commission disputes can be quite large. Our lead wage lawyer, Karl Gerber’s largest settlement for wages was a settlement in a commission dispute that would be worth more than $1,600,000 today.

The best thing to do is to contact our law firm to discuss your unpaid wage situation. We will give you the best advice about what you should do. We will consider your best interests. We will put your best interests above ours in giving the best advice. We understand how the system works, and we know the law. These tools, coupled with ethics, are essential. Most wage and hour law firms are only in it for the money. It is a practice area that attracts lawyers like that. Our lawyers are entirely focused on doing what is right for the individual. The Employment Lawyers Group has been around longer than the field of wage and hour lawsuits. Our morals are rooted on individual representation, employee representation, and eradicating workplace abuses. Unpaid wages are one workplace abuses. We are here to serve the individual client, or groups of clients.

Case Samples

$18,402,868 Jury verdict for male visually harassed and subject to crude comments by a female manager

$1,150,000 Unpaid commissions of two plaintiffs

$875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call

$800,000 Controlled stand by class action settlement

$800,000 For mis-classified independent contractors

$775,000 For small class action of employees not allowed meal breaks or cell phone reimbursements while caring for dependent adults

$750,000 Disability discrimination settlement for employee who had heart problems

$750,000 Sub-Minimum wage class action settlement

$675,000 Sexual harassment in a warehouse

$672,500 For sexual harassment at a truck stop

$539,584 Myles v. Wellpoint Termination of Employment Due to Disability and Workers Compensation Injury

$510,000 Class action settlement of 125 workers on overtime claims

$490,000 For sex and age discrimination of women

$465,000 Sexual harassment at a gas station

$450,000 Settlement for 2 on-call workers

$450,000 Paystub violations

$450,000 Being on controlled standby

$430,000 Settlement in 2024 dollars for a Los Angeles warehouse worker forced to violate her medical restrictions imposed by pregnancy

$400,000 Recovery following arbitration win for 4 employees who worked off the clock

$400,000 Following arbitration win for meal & rest breaks for 3 employees

$400,000 Off-the-clock work for 5 employees

$365,000 Vasquez v. Del Rio Sanitarium Pregnancy Discrimination Case - Following Jury Trial & Appeal

$365,000 Sexual harassment of a delivery driver

$365,000 After defendant lost their appeal - pregnancy case - Jury Trial

$360,000 For missed meal and rest breaks, and overtime for 3 employees, and PAGA penalties for less than 25

$350,000 To 2 employees in vacation rental business working off-the-clock overtime

$350,000 Due to fixed bonus pay not figured into overtime for a directional driller

$350,000 For controlled standby and overtime for one employee

$350,000 Nurse mis-classified as independent contractor who was on-call

$350,000 For directional driller whose fixed rate bonuses were not calculated into his overtime rate

$350,000 For 2 employees in the vacation rental business who worked off-the-clock, on-call & PAGA

$350,000 For prevailing wage and paystub itemizations

$315,000 Sexual harassment of a lesbian woman by straight man

$315,000 Sexual harassment of a pizza delivery driver

$307,345 For 2 hospital employees oncall

$305,000 Wrongful termination of 2 sales people

$305,000 For 2 IT trouble shooters oncall at a major hospital

$302,000 Controlled standby pay for two telecommunication workers in a hospital

$300,000 Verdict of punitive damages in wrongful termination case due to employee's refusal to work without rest breaks

$300,000 Post trial verdict for wrongful termination settlement and minor rest break violations

$300,000 Multiple Worker Claims for Unpaid Wages for Oil Gauge and Calibration Inspectors on Docked Coastal Vessels

$275,000 Unpaid minimum wage, overtime double and double time due to on call work for two technicians at a radio/television station

$270,000 Sexual harassment & employment termination

$260,000 For controlled stand by pay

$260,000 For sexual harassment in a supermarket

$250,000 For 2 oil field service technicians not paid overtime

$250,000 For radiology technician on-call and small PAGA group

$250,000 For whistle-blower about unpaid overtime

$246,000 Breach of fiduciary duty arbitration award involving disability discrimination

$232,000 Male on male sexual harassment won at a binding arbitration

$225,000 Sexual Harassment of a Waitress (No Termination Involved)

$225,000 For two kitchen workers sexually harassed

$225,000 Sexual harassment by store customers

$206,151 Larson v, VXI Same Sex Sexual Harassment

$205,000 Unpaid wages, overtime, labor code section 2699 penalties- arbitration award for multiple plaintiffs

$205,000 For multiple plaintiffs

$200,000 For on-call work, retaliation, forced to quit security officer

$200,000 For prevailing wage and FMLA violations

$200,000 For PAGA violations and sexual harassment

$200,000 Race Discrimination towards Latinos

$200,000 Acts of sexual harassment by CEO

$195,000 For Whistle Blower

$193,500 Sexual Harassment by a registered sex offender

$193,250 Sexual harassment by a sex offender

$190,000 Sexual Harassment in the medical coding industry

$190,000 Sexual harassment without a job termination

$185,857 Jewish lawyer discriminated against due to religion

$185,000 For sexual harassment of a woman 35 years older than the harasser

$182,500 Fired during cancer treatment

$180,000 Cancer discrimination and termination due to recovery from cancer

$180,000 Controlled standby pay claims of oil field service employee

$180,000 Controlled standby pay

$175,000 Sexual harassment lawsuit

$175,000 PAGA settlement due to missed meal and rest breaks in a hotel’s kitchens

$175,000 Failure to pay minimum wage & overtime of 3 strip club workers

$175,000 Unpaid overtime of 2 limo drivers of a small company

$175,000 Minor issues of pregnancy discrimination in fast food restaurant, lack of rest breaks

$175,000 Wrongful Termination of Financial Whistleblower

$175,000 PAGA settlement resort staff who worked off-the-clock

$174,250 Missed meal and rest breaks

$170,000 Off the clock work by nonexempt administrator at non-profit

$166,250 Racial harassment at a big box store

$165,000 Wrongful termination and whistleblower

$162,500 Failure to pay commissions, retaliation when went to Labor Board

$162,000 Sexual harassment at a home owner’s Association

$160,000 For 3 oil field employees denied meal breaks, worked off-the-clock

$160,000 Sexual harassment by managers of car lot

$160,000 Auto dealership sexual harassment by text message

$155,000 Whistle blower at construction site

$153,000 Camarillo woman demeaned due to her Christianity

$150,000 Sexual harassment to two kitchen workers at a resort

$150,000 Race harassment at an oil refinery

$150,000 Wrongful termination of social worker reporting patient abuse

$150,000 Mental disability & termination of CFO

$150,000 Cancer discrimination & wrongful termination of waitress

$150,000 Disability discrimination & termination

$150,000 Wrongful termination of C.N.A. in assisted living facility who blew whistle

$150,000 Job Termination of salesperson with cancer

$150,000 Settlement for failure to reinstate after maternity leave

$150,000 Cancer discrimination & termination of waitress Wrongful Termination of Site Manager

$150,000 Sexual harassment of an eight-teen year old restaurant worker

$150,000 Sexual harassment by a manager of an adult daycare program

$150,000 Job not held open during cancer treatment

$150,000 CNA complained about rats

$145,000 Settlement for an office manager whose Northridge employer would not allow her to take leave from work due to pregnancy

$140,000 Off-the-clock work, breach of contract to pay hourly wage to nurse

$140,000 Not Accommodated and Fired for Mental Disability Leave

$137,930 Robinson v. Mantra - Binding Arbitration Award in a Pregnancy Discriminations

$137,500 Failure to reinstate after FMLA

$135,000 Aerospace executive whistle blower

$130,000 Employee fired for refusing to falsify records in lawsuit

$127,500 Illegally required medical examination adversely affecting a disabled employee

$127,500 Wrongfully terminated driver who complained his truck was unsafe

$127,450 Improper inquiry about medical abilities

$125,000 Minor sexual harassment

$125,000 Sexual harassment at a fast food restaurant

$125,000 Sexual harassment of a drug counselor

$125,000 Pregnancy discrimination case & wrongful termination -

$125,000 Wrongful termination

$125,000 Wrongful termination & minor labor code violations

$125,000 Breach of contract, unpaid wages in the web industry

$125,000 For employee who quit after being misclassified and not receiving overtime.

$125,000 Pregnancy discrimination & termination

$125,000 Non-payment of wages to CEO

$125,000 Age discrimination during layoff

$125,000 High tech employer stopped paying the agreed to sum

$120,000 Unpaid wages for tow truck drivers

$120,000 Sexually harassed maintenance supervisor by another male

$120,000 Insurance professional terminated for taking California Family Care Leave (FMLA)

$120,000 Racial Discrimination of a warehouse worker

$120,000 Male on male sexual harassment Unpaid wages, overtime, labor code section 2699 penalties- arbitration award of over

$120,000 For race discrimination

$117,702 Disability discrimination, FMLA, and termination of $10.00 an hour employee in binding arbitration

$117,500 Pregnancy discrimination & termination ($24,000 loss of earnings)

$115,616 Signal Hill Hindu made fun of due to his religion

$115,000 Pregnancy discrimination & termination of customer service employee

$115,000 Sexual harassment of car saleswoman minor unpaid commissions

$115,000 Sexual harassment of car saleswoman & minor unpaid commissions

$112,023 Wrongful termination of social worker during trial

$110,000 (minor lost wages) Cancer discrimination & employment termination

$109,500 Unpaid prevailing wages for 2 employees of a small company

$107,500 Wrongfully terminated security manager who let his subordinates know they had rights to meal breaks

$105,500 Sexual harassment of a lesbian aerospace worker by a man who wanted to turn her straight

$105,000 Overtime due computer professional

$105,000 Fired After Depression Leave

$103,145 Refusal to accommodate pregnant warehouse worker

$102,500 Family Care Leave Act violations & termination ($20,000 loss of earnings)

$102,500 Sexual harassment of a janitor

$102,500 Sexual harassment of a waitress (no termination involved)

$101,500 Sexual harassment of a janitor

$100,850 Sexual harassment by restaurant manager

$100,000 Termination of Mechanic’s Employment in Violation of California Family Rights Act (California FMLA)

$100,000 Wrongful termination of ambulance driver who blew the whistle

$100,000 Fired Due to Age of FMLA Leave

We Advance Court Costs.
All Cases Are Taken On A Contingency.
We are only paid if we win!
Contact Form | 310-842-8600