Florida Injury and Employment Attorneys

An Overview of Class Action Lawsuits

March 8, 2016

Orlando Class Action Litigation AttorneyOur Orlando class action litigation attorneys generally handle two types of class action litigation.  Most common are class action cases involving unpaid overtime or minimum wages (called “collective actions”) or unpaid wages that are not overtime wages. Our Orlando class action attorneys  at Florin Gray Bouzas Owens, LLC also handle class actions cases where a particular class of individuals are discriminated against by their employer.  For example, if a company had policy or practice or paying female employees less than similarly-situated male employees, the case could have class action potential.  Individuals generally group together to form a class of people who have suffered injuries due to the defendant’s actions. However, the process of certifying a class action lawsuit goes through several steps.

Certifying a Class Action Lawsuit

The lawsuit will need to be officially class certified in order to be labeled a class action lawsuit. The Court first needs to determine the following:

  • The sheer numbers of plaintiffs make it impractical for them to file individual lawsuits,
  • The plaintiffs have a complaint in common,
  • The class representatives, who are representing the interests of everyone in the lawsuit, have similar claims against the defendant, and
  • Our attorneys will act impartially in the case. The claim must address unified legal concerns.

Opting In to a Class Action Lawsuit

In a collective action lawsuit brought under the Fair Labor Standards Act (FLSA) for unpaid overtime wages or unpaid minimum wages, once the Court decides to conditionally certify the collective action lawsuit, the judge will approve a notice that is sent to potential class members. The notification advises them that they can join the collective action lawsuit or “opt in” to the case, which means that they will have the same legal rights and remedies as the other members of case. The decision to opt in can affect your rights in the case, so you should speak with a seasoned attorney who understands what is at stake before you make a final decision about what you will do.

Call Our Florida Class Action Litigation Attorneys

If you believe that you have an unpaid wage, unpaid overtime, unpaid minimum wage or discrimination claim where other individuals could also be affected by the employer’s policy or practice, contact our Orlando class action litigation attorneys from Florin Gray Bouzas Owens, LLC at (727) 254-5255.

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