Employment law is complex and can include many different types of lawsuits, including class action and collective action lawsuits. A class action lawsuit is a single lawsuit that is taken to court to represent a group of employees who have all experienced the same alleged actions taken by the employer. A class action lawsuit is typically used when it would be impractical to take each individual case to court. Instead, an attorney or a group of attorneys is used to represent all employees who are involved in the lawsuit. Protecting yourself as a business is extremely important if you find yourself the target of a class action employment lawsuit.
What Is the Difference Between a Class Action and Collective Action Lawsuit?
These two types of lawsuits are similar to each other, though they do differ in a few ways. In a class action lawsuit, one employee can file a lawsuit for everyone who works for the same company. Once the court grants permission for the case to proceed, all of the employees included in the lawsuit will be notified of their ability to “opt-out” or not participate in the lawsuit.
In a collective action lawsuit, employees who want to participate in the lawsuit have to sign a legal document to “opt-in” or agree to participate in the suit. In a class action lawsuit, all employees are automatically considered to be part of the class unless they specifically state they do not want to be.
What Issues Can Be Addressed in Class Action or Collective Action Lawsuits?
The employee/employer relationship can be difficult to navigate at times. Many issues can arise between an employer and their employees, including the following:
- Wage disputes: Some of the most common disputes between employers and employees are concerning wages, which are governed by the Fair Labor Standards Act (FLSA). Employees may claim that they were not paid minimum wage when they were supposed to be or they may claim that they were never given overtime pay when they should have been. There are many exceptions to wage rules, which a class action defense attorney can bring to light.
- Sexual harassment: Every employer has the responsibility to ensure their workplace is safe and free of harassment of any kind, including sexual harassment. If a claim is brought against a business that the company did nothing to stop or prevent sexual harassment, they can get into serious trouble.
- Discrimination: Both Illinois state and federal laws prohibit discrimination of employees based on sex, religion, race, age, disability or national origin. Discrimination can come in many forms, both obvious and not so obvious. Often, to prove an employer was involved in discriminatory practices, the employee would have to demonstrate that other “similarly situated” employees were treated better than them.
Get Help From an Illinois Class Action Employer Defense Attorney Today
Being hit with a class action or a collective action lawsuit can be stressful and damaging. As an employer, you have to prove that you were not in the wrong if a lawsuit is brought against you. At the Miller Law Firm, P.C., we have the experience you need in an attorney to effectively combat any class action or collective action lawsuit that you may be facing. Our skilled Schaumburg, IL class action employer defense lawyer will do everything in his power to protect you in court. Call our office today at 847-995-1205 to schedule a free consultation.