Multi-Millions in Class/Collective Action Settlements

Our experience in complex class/collective action cases 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 dollars.

Let our experience and knowledge also work for you and for those with the unfortunate predicament of sharing your harm, pain and/or suffering.

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.

Class Action Lawsuits

A class action lawsuit is a lawsuit in which a person acting as the plaintiff in a lawsuit represents a larger group of people who have similar legal claims against a particular defendant or group of defendants. The person who brings the lawsuit on behalf of the others is referred to as the "class representative." The class representative serves in a fiduciary role to all others who are similarly situated (i.e.,the "class" of members). All members of the class are included in the action unless they specifically opt-out of the lawsuit. Class actions are useful in situations of widespread workplace discrimination or defective products.

Class action procedures are more stringent than those for collective actions. To maintain a plaintiff class action, a court with jurisdiction must certify the class action. This requires the plaintiff to show four prerequisites:

(1) The potential class members are so numerous as to make joinder of all the class members impracticable;
(2) There must be questions of law or fact common to the class members;
(3) The claims or defenses of the class representatives must be typical of the claims or defenses of the class to be represented; and
(4) The representative must fairly and adequately represent the interests of the class.

Purpose of Class Actions and Collective Actions

Class actions and collective actions enable a large group of people 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. 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. Class action and 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.

Contact Our Gainesville and Ocala, Florida Lawyers Today

If you and your co-workers have experienced the same problems at work, and if these problems seem to be the result of your employer’s unlawful activities, you may be able to bring a class action or a collective action against your employer. Massey & Duffy, PLLC has experience in class action and collective action procedures. If you think you may become involved in litigation with your employer, feel free to contact us by phone or email at: (352) 374-0877, masseylaw@gmail.com.

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