Class actions may be filed in state or federal court. Each court has their own procedural rules. After the case is filed, the parties engage in “discovery” and learn the facts. Then, a motion for class certification is filed with the court, which decides whether the case can proceed as a class action. If so, the class members are mailed a notice which allows them to “opt-out” of the action and bring their own case if they wish. Depending on the type of claims, class members may actually “opt-in”.
After the case is certified, the parties prepare for trial. Most class action cases settle before trial. If a settlement occurs, the class members are given notice of the settlement and the opportunity to participate in the settlement.
We have handled well over a hundred class actions against major companies for employees’ wages. For more information on class actions, please call the attorneys at Labor Law Office, APC.