When the same unlawful workplace practice affects many employees, workers may be able to pursue their claims together through a class or collective action. These cases commonly involve widespread pay practices, employee misclassification, unpaid overtime, or other policies that affect groups of workers in similar ways.
You do not need to know how many coworkers have been affected or organize a group before speaking with an attorney. Orin Kurtz Employment Counsel can evaluate what happened to you, determine whether the problem may extend to other employees, and explain the options for pursuing compensation.
Helping New York Employees Challenge Workplace-Wide Violations
Employment violations are not always isolated incidents. Sometimes the problem stems from a policy, payroll system, job classification, or management practice that applies to an entire group of employees.
Orin Kurtz represents employees in New York employment disputes, including claims for unlawful wage-and-hour practices. When a potential class or collective action is appropriate, we can investigate the employer’s practices and determine how workers may pursue their rights together.
When you work with our firm, we can:
- Review your pay records, employment policies, job duties, and other evidence
- Determine whether other employees may have been subjected to the same practice
- Identify potential claims under federal and New York employment laws
- Pursue unpaid compensation and other available remedies on behalf of affected workers
If you believe your employer’s practices are affecting you and your coworkers, schedule a consultation today.
What Is an Employment Class Action?
An employment class action allows one or more employees to bring claims on behalf of a larger group of workers who were affected by the same or similar unlawful conduct.
For example, an employer might automatically deduct meal breaks even though employees regularly work through them. A company could classify an entire category of workers as exempt from overtime even though their actual duties do not qualify for an exemption. When a common practice causes similar harm across a group, pursuing separate lawsuits may not be the only option.
Not every workplace dispute qualifies for class treatment. Whether employees can proceed as a class depends on the claims, the similarities among workers’ experiences, and the applicable procedural requirements.
What Types of Employment Claims Can Affect Groups of Employees?
Wage and hour disputes are among the employment claims that frequently involve groups of workers. A companywide pay policy or classification decision can affect dozens, hundreds, or potentially thousands of employees.
Potential claims may involve:
- Unpaid minimum wages or overtime
- Employees improperly classified as exempt from overtime
- Off-the-clock work before or after scheduled shifts
- Unlawful deductions or other improper wage practices
- Certain discriminatory policies or practices affecting groups of employees
A violation does not have to affect every employee at a company. Workers in a particular position, department, location, or other identifiable group may have similar claims.
What Is the Difference Between a Class Action and an FLSA Collective Action?
The terms “class action” and “collective action” are sometimes used interchangeably, but they involve different procedures.
A class action may be brought under Rule 23 of the Federal Rules of Civil Procedure when the legal requirements for class certification are satisfied. Employees who fall within a certified class are generally included unless they choose to opt out.
Claims for unpaid minimum wages or overtime under the federal Fair Labor Standards Act (FLSA) use a different process. In an FLSA collective action, eligible employees generally must affirmatively opt in to participate.
Some employment lawsuits include both FLSA collective claims and New York wage claims pursued on a class basis. An attorney can determine which approach may apply based on the rights involved and the workers affected.
Do You Have to Find Other Employees Before Bringing a Claim?
No. You do not need to survey coworkers, collect their records, or determine exactly how many people have experienced the same problem before contacting an attorney.
There may already be signs that the issue extends beyond your individual situation. Employees may share the same job classification, receive pay under the same system, follow the same timekeeping rules, or be subject to the same workplace policy.
An attorney can investigate whether the practice is broader and assess whether pursuing claims on behalf of multiple employees may be appropriate.
Can Your Employer Retaliate Against You for Participating in a Class or Collective Action?
Employers generally cannot lawfully retaliate against employees for exercising rights protected by federal or New York employment laws. Depending on the circumstances, protected activity may include asserting wage rights, filing a complaint, or participating in a proceeding involving workplace violations.
Retaliation can take different forms, including termination, reduced hours, demotion, or other adverse treatment connected to an employee’s protected activity. If you experience retaliation after raising concerns about workplace practices, tell your attorney promptly.
Find Out Whether a Workplace-Wide Practice May Support a Claim
When an employer engages in an unlawful practice across the workforce, the consequences can extend far beyond a single employee. Class and collective actions can provide a way for workers with similar claims to seek accountability together.
Orin Kurtz represents employees in New York employment matters, including disputes involving unpaid wages and other workplace violations. Contact our firm to discuss your rights and whether your experience may be part of a broader employment claim.