Class Action Lawsuits Benefit Workers

Class Action Lawsuits Benefit Workers

 In Employment Law, Overtime Law, Wage Law

Workers have Class Action Rights 

A class action lawsuit is a form of civil litigation where workers with similar grievances can join together and file one lawsuit instead of filing many separate lawsuits. So, suppose that Maria is a worker, and her employer has shorted her wages $100. It turns out that the same thing happened to John. With class action litigation, Maria can bring a lawsuit and “invite” John to join the case, and both Wage and Hour claims can be prosecuted in the same lawsuit. Indeed, there may be dozens, hundreds, or even thousands of workers in the same situation. All of them can be joined in the class of claimants seeking vindication of their rights.

Class action litigation is legally complex, so workers need to hire smart and experienced Wage and Hour Class Action Litigators. If you think you have a wage and hour claim that might include other workers in the same situation, call us here at Herrmann Law. We can evaluate your case and offer legal guidance. We are driven and experienced Employee Rights Lawyers and Wage & Hour Class Action Litigators. Call us at (817) 479-9229. We offer legal representation for employees and punish employer rights violations all across the country.

As one might imagine, employers hate class action litigation. Many employers are enraged when workers engage in this type of collective action. Many employers want docile and obedient workers who will not cause trouble. As such, lots of employers require workers to sign employment contracts where the workers — in the contract — waive their right to file a class action lawsuit. Often, such attempts to prevent workers from filing or joining a class action lawsuit are joined with a requirement that workers engage in arbitration. That is another way in which employers try to oppress workers. This is what happened in the Oakely case, and the Washington State court put a stop to it. In Washington State, these types of class action waivers are now unlawful and will not be enforced.

Washington State Voids Class Action Waivers for Wage and Hour Claims

In Oakley, a Washington Court of Appeals panel has struck down class action waivers in most wage and hour litigation. See Oakley v. Domino’s Pizza, LLC, Case No. 82659-0-I (Wash. Court of Appeals, August 15, 2022). The court made its decision, in part, because the court recognized the rights of workers to take collective action to protect their rights as workers. For example, generally, workers have the right to form unions to engage in collective action bargaining with their employer over wages and working conditions. For the Washington State Court of Appeals, class action litigation serves the same purposes as unionization — workers are able to engage in collective action to protect their rights vis a vis their employers.

Call the Employee Rights Attorneys at Herrmann Law Today

For more information, call the Employee Rights attorneys at Herrmann Law. If you think that your employer has violated your rights as an employee, call us. We are proven, experienced, employee-focused attorneys representing workers across the United States in all types of workplace disputes. Use our Online Contact page or call us at (817) 479-9229. We are more than just a law firm for employees – we are an employee’s fiercest advocate, equipping employees with the legal representation needed to achieve the best result possible.

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Colorado Employees Protected from Retaliation Colorado law continues to protect workers’ rights by adding new laws to increase the legal protection afforded to Colorado employees. Colorado recently enacted what is called Senate Bill (S.B.) 22-161 which substantially increases legal protections for workers in Colorado. See here for text of statute. S.B. 22-161 has many provisions and changes – if you have questions you have about your employment rights, call the experienced Employee Rights Lawyers and Wage & Hour Litigators at Herrmann Law. In this article, we will focus on changes to Section 8-4-120 to Colorado Revised Statutes. If you think you are facing retaliation by employers in Colorado (or elsewhere in the nation), call us at (817) 479-9229. We offer legal representation to employees including Colorado employees and will work tirelessly to achieve justice for victims of Colorado employment law violations. The new statutory provisions will take effect in August 2023. The new provisions ban Colorado employers from ● Intimidating ● Threatening ● Restraining ● Coercing ● Blacklisting ● Discharging or ● Discriminating or retailiating against any Colorado employee in any manner if a Colorado employee has filed any complaint, instituted, or caused to be filed a wage and hour claim or another type of claim to vindicate their rights as an employee. Further, Colorado employers are banned from the above described practices if a Colorado employee has testified or provided other evidence in any proceeding on behalf of the employee or other person seeking to vindicate their labor law protections or any type of Colorado case related to wages andor hours. Starting in August 2023, Colorado employees will be able to file private lawsuits to vindicate their rights under S.B. 22-161. This means that private attorneys -- like the pro-worker attorneys at Herrmann Law -- can file a lawsuit to protect your rights under Colorado law. Employees will not have to wait for the Colorado Attorney's Office to take action or wait for action to be taken by officials to regulate and enforce Colorado labor laws. In addition to allowing private litigation to be filed, the new statute makes retaliation and discrimination a criminal penalty -- a class two misdemeanor. Workers can recover a host of new severe civil penalties including back pay, potential reinstatement if the worker is filed, front pay, back interest at the rate of 12% per year, penalties of $50 per day for each violation per worker, certain statutory liquidated damages, certain other types of injunctive relief, and attorney’s fees for the workers' attorney and court costs. Why a Private Right of Action is Important for Colorado Workers Being allowed to file civil litigation in Colorado courts is an important protection for Colorado workers. As noted, having a private right of action means that workers do not have to wait to file litigation against employers who disobey the law. This means that litigation can be filed faster and workers will get justice sooner and, often, workers will receive higher settlements andor verdicts. Further, because top-rated employee focused attorneys will file litigation directly against employers, such attorneys will have the time and dedication to target Colorado employers who violate Colorado labor laws. Labor department officials often have multiple duties and tasks and may not have the staffing to pursue full and complete justice. Most importantly, with a private right of action, workers have control over efforts to have their rights vindicated. With labor department officials, there are times when no action is taken at all. Other times, labor department officials push for an early settlement so files can be closed. This does not happen when workers control the ability to file private litigation. Call the Employee Rights Attorneys at Herrmann Law Today For more information, call the Employee Rights attorneys at Herrmann Law. If you think that your employer has violated your rights as an employee, call us. We are proven, experienced, employee-focused attorneys representing workers across the United States in all types of workplace disputes. Use our Online Contact page or call us at (817) 479-9229. We are more than just a law firm for employees – we are an employee’s fiercest advocate, equipping employees with the legal representation needed to achieve the best result possible.
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