Frequently Asked Questions
What are Class, Collective, or Representative Actions?
“Class Actions,” “Representative Actions,” and/or “Collective Actions” are types of lawsuits where one or more individuals sue on behalf of a larger group of persons who have been subject to the same or similar injury.
What is a Class Action?
A class action is a type of lawsuit where one or more individuals sue on behalf of a larger group of persons (“the class”) because all issues are common to all members of the class and the class is large (typically more than 100 individuals).
What is a Collective Action?
A collective action is a type of lawsuit where one or more individuals sue on behalf of a larger group of persons (“the collective”) for violations the Fair Labor Standards Act (“FLSA”); the Age Discrimination in Employment Act (‘ADEA”); or the Equal Pay Act (“EPA”). Collective actions have different procedural requirements than class actions.
What is a Private Attorneys General Representative Action?
In 2004, the California Legislature enacted the Private Attorneys General Act of 2004 (Labor Code § 2698 et seq.), which gives private citizens, like you, the right to sue an employer on behalf of the state of California for various violations of the California Labor Code, such as unpaid overtime, unlawful meal and rest breaks, and wage statement violations.
Any recovery obtained in a Private Attorneys General Action must be divided among the aggrieved employees and the State, with 25% going to the aggrieved employees, and 75% to the state of California.
What are the Responsibilities of a Representative?
Generally, a representative is an individual who has claims that are typical of the group, serves as the individual who acts and/or speaks on behalf of the group, and is committed to representing the best interest of the group.
Over the course of a lawsuit, a representative will be called upon to periodically help with the development of the case and assist in making decisions with the assistance of their attorneys. A representative may also have to answer questions under oath about the case, and may have to sit for a deposition.
If the lawsuit is successful, the representative may receive extra compensation for their time and efforts, pending court approval.
How much does it Cost?
In most cases, Clark Law Group works a contingency basis. This means that Clark Law Group does not get paid unless the lawsuit is successful.