Our Florida Lawyers are Committed to Fight for Large Classes of Victims
Collective actions, which are a special kind of class action lawsuit for employment and wage matters, allow many employees to come together in one lawsuit and bring their legal claims against the wrongdoing employer. These actions are typically used where employers have engaged in illegal activities that have caused similar problems for a large class of similarly situated employees. Our Florida lawyers have extensive experience in handling collective action lawsuits. We are committed to fight for justice for large classes of employees against even the most powerful employers.
Collective Action Lawsuits under the Fair Labor Standards Act
Collective action procedures are most often used for violations of the Fair Labor Standards Act (FLSA). A collection action is appropriate where the employer has violated FLSA, by, for example, failing to pay overtime to a large number of employees or former employees, who work a similar job and are paid on the same general basis and subject to the same pay rules. Unlike the more common class action case, in a collective action case only those persons who have specifically opted to participate in the case will benefit from the court’s judgment.
Purpose of Collective Actions
Collective actions enable a large group of employees injured by similar misconduct to have their claims joined together in a single lawsuit. This is critical in situations involving hundreds or thousands of class members, where individual damages may be small compared to the cost of a lawsuit so that no one individual would bring a claim because it does not make economic sense for them to do so. Collective actions are like class actions, with important differences.
By combining many claims, individual employees can be more successful in receiving compensation for common problems suffered as a result of their employer’s illegal conduct. Collective action procedures also provide persons who cannot otherwise afford legal representation with access to qualified and experienced legal counsel who will represent them and the class as a whole with regard to their meritorious claims.
The Differences Between Collective and Class Actions
The nature of this provision is to provide an “opt-in” procedure, which differs from Rule23 class action opt-out procedures. Thus, FLSA plaintiffs may not certify a class under Rule23. Prickett v. Dekalb County, 349 F.3d 1294 (11th Cir.2003). As these actions are “collectiveactions,” not Rule23 class actions, they are not subject to numerosity, commonality, and typicality requirements, and a named plaintiff is not entitled to “represent” other plaintiffs in a class sense. See Cameron-Grant v. Maxim HealthCare Services, Inc., 347 F.3d 1240, 1248-49 (11th Cir.2003).
Help Those Also Sharing Your Harm To Join Your Lawsuit
Our experience in complex collective action cases has enabled us to litigate the claims of numerous employees against large corporations. In fact, our collective action lawsuits has resulted in the admission of one of our partners into an elite forum reserved for attorneys with settlements or verdicts in excess of $2 million.
Let our experience and knowledge also work for you and for those with the unfortunate predicament of sharing your harm. Please contact our Florida attorneys today to arrange for a free consultation.