Our success springs from early case investigation and assessment. We create a unique solution for each matter to achieve the client’s goals.
The number of employment class actions, representative actions, and Fair Labor Standards Act (FLSA) collective actions has exploded over the past decade and shows no sign of abating. While a handful of recent Supreme Court cases have made modest inroads for employers, many lower courts remain supportive of employment class action litigants and may view the process as necessary to constrain employer conduct. At the same time, the plaintiffs’ bar is continuing to develop counterstrategies designed to increase employer costs and to provide itself with settlement leverage.
While employment class action proponents and plaintiffs’ attorneys promote the view that any workplace dispute is subject to class or collective treatment, we believe that every class action and every class action defendant is unique. We work early to determine our client’s goals and strategies in the litigation. We believe in early case assessment. We work out creative strategies unique to each case. And we believe that effective use of information and technology systems can be used to streamline defense costs and enhance the employer’s defense.
We have handled class, representative, and collective actions relating to virtually any workplace issue. We routinely litigate wage-and-hour cases under federal law and the parallel laws of states that include California, New York and many others (which are often employee-friendly). These claims include everything from misclassification, off-the-clock time and regular rate issues, to less-well-known exemptions and claims under California’s Private Attorneys General Act (PAGA), a statute that adds potential penalties and has encouraged a plethora of employee lawsuits. We have written extensively on a range of employment class action issues, and have assisted employers in drafting arbitration agreements to deter class litigation. Through our blog, employmentclassactionreport.com, we also comment regularly on employment class action trends affecting employers.