What's Involved in Bringing a Case?
There are several different types of wage hour cases.
Individual actions - an individual employee brings their own wage hour case against the employer.
Collective actions - one or more workers bring claims against an employer and other “similarly situated” employees are given notice and allowed to join a case by filing a short “opt-in” or “consent to sue” form.
Class actions - one or more workers bring claims against an employer and other “similarly situated” employees are sent notice about the case. These individuals are “represented parties” who are part of the case unless they ask the Court to exclude them from the class. In a class action, class members are deemed to be part of the case until they file their “opt-out” forms.
Arbitration - private system for dispute resolution on terms that are agreed upon by the parties. “Forced arbitration” is the term for arbitrations demanded by employers as a condition of employment, that removes employees’ ability to have their legal claims against their employer heard in court. Arbitration is claimed by employers to be quicker and cheaper than court actions, however, this is often not the case, as companies now draft arbitration clauses giving maximum protection and ability to delay.
The person or persons who bring a case in the first instance are called “Named Plaintiffs” because their names appear on the complaint, which starts the lawsuit. Workers who opt-in to a collective action, or who are members of a class action, are considered Plaintiffs, but their interests are represented by the Named Plaintiffs and the lawyers and their names may never be specifically listed in a public filing in the case.
GSD never pressures anyone to sue. Calls to GSD are free and confidential. Call us