Disreputable employers will sometimes try and cheat as many of the workers as possible if they think they can get away with it. If your employer violated NJ Wage Payment Law or Wage and Hours Law, by not paying you and other workers for the hours you worked over 40 hours a week; or by not paying you at the overtime rate of time and half wage rate; or by the deceitful mis-classification of you and other employees as being “exempt employees” who are paid salary and not entitled to overtime; or by other withholding rightful wages, you may wonder if you are better suing the employer on your own, or with other cheated workers in a class action lawsuit.
If You Are Experiencing Such Despicable Wage Theft, You Should Contact this Office Immediately for a Free Consultation. I am an experienced and successful wage payment attorney who can advise you as to your options and the best course of action for you. Don’t sit on your rights! If you are being cheated out of your wages, you may call this office today for a free consultation.
Filing a lawsuit as a single harmed worker or in a class action?
Unless the number of cheated workers (the “class”) is large enough, and the facts of each sufficiently similar to be able to satisfy the filing requirements of New Jersey’s Class Action Rule, Rule 4:32, a worker should file a lawsuit as an individual plaintiff, or two or more workers can file as co-plaintiffs within the same lawsuit (but not a class action).
Unlike a single lawsuit with multiple distinctly “named” plaintiffs, in a class action lawsuit, one or more named plaintiffs represent a large group. The workers who are the “named” plaintiffs file the class action lawsuit and are actively involved in legal proceedings. A larger group of “unnamed” plaintiffs must have shared legal claims with the “named” plaintiffs. The workers can choose to be a part of the class and have their claims resolved by the class action lawsuit or they can choose to “opt out” and pursue their own individual lawsuits, with or without other cheated workers being named co-plaintiffs, for the wrongs committed against them.
Rule 4:32 must be satisfied.
In a class action lawsuit, the workers who make up the class must have all suffered similar damages that the employer is allegedly responsible for causing.
Workers sometimes think they can be better off filing in a class action but this is not true and they may not even qualify as a “class” under the statute.
Class action lawsuits are often filed when the monetary damages are not that much to make the time and expense of filing individually worthwhile. Example, when thousands of consumers are each cheated out a refund for $50 each, it would not be worth their time and litigation expenses to each file an individual lawsuit, so filing in a class action makes sense.
Rule 4:32 for a class action in part requires that:
1. The “named” plaintiffs must be prototypical of all who join in.
The “named” plaintiffs must have similar facts enabling them to be accurate representatives of having typical claims of all of the “unnamed” plaintiffs whose claims can potentially be resolved in the class action.
2. There are common legal questions of all who join in.
There must be common legal issues involved in the dispute on which the Court can Rule.
3. There are sufficient numbers of Plaintiffs asserting claims.
There must be a sufficient number of people who have all allegedly suffered from the same legal wrongdoing from same wrongdoer. While there is no set number, generally, 40 is the minimum number of people required to have a shared claim to qualify for a class action, and it can go up into the thousands of numbers.
The Purpose of Class Actions Is Streamlining and Simplification of the Process
Class actions make the adjudication of claims more streamlined and efficient. The courts do not get jammed up by having to hear dozens or hundreds of cases involving the same issues with the same wrongdoer.
Class actions reduce individual costs. Each individual plaintiff does not have to incur legal expenses associated with a lawsuit.
Class actions simplify the entire process because unnamed plaintiffs usually do little, if anything, to be part of the class. The downside for the “unnamed” plaintiffs who have not chosen to “opt out” to file their own individual lawsuits alone or with other co-workers as named co-plaintiffs, is the class action “unnamed” plaintiffs have no control of the outcome of the case and the remedies available to them.
If You Have Been Cheated of Your Wages, Suspended, Had Your Hours Slashed, or Were Terminated or Threatened with Termination
If you have been cheated out of your wages, suspended, had your hours slashed, or were terminated or threatened with termination for demanding wage and overtime pay for which you are entitled, contact Hope A. Lang, Attorney at Law today for a free consultation.
Don’t Sit on Your Rights!
I am an aggressive and compassionate employment law attorney who is experienced in successfully representing employees who suffered illegal wage payment. If you find yourself in a situation where your employer is cheating you out of your wages or inadequate job security because of the aforementioned issues, you should contact this office today for a free consultation.
I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims’ wrongful wage payment, employer wage theft, and age, race, sex, disability, sexual orientation, and other discrimination. If you think you are being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.