How Can I Start a Collective Action?

It only takes one employee whose rights have been violated under Federal Employment law (the FLSA) to get a collective action lawsuit started. This is because collective actions are much like class actions in that an individual brings the lawsuit on behalf of a larger group of employees. Unlike class actions however, the group of employees must decide to join the lawsuit (called “opting in”) to receive any possible benefits of the lawsuit.

If you believe your employee rights have been violated and are interested in starting a collective action lawsuit you should talk to a lawyer experienced in employment law. This is because there are a variety of things to consider including whether your case is best brought as a collective action lawsuit, class action lawsuit, or as an individual case.

For violations of federal employment law (FLSA)

Collective action lawsuits are brought for violations of employee rights under the federal employment law called the Fair Labor Standards Act (FLSA). FLSA collective actions are typically brought on behalf of employees against employers that:

  • Did not pay overtime,
  • Calculated overtime incorrectly,
  • Failed to pay minimum wage,
  • Classified employees as exempt (salaried) or as independent contractors (when they shouldn’t be), or
  • Failed to pay for pre and post shift work.

Employment Law Questions? Free Consultation

Gibbs Law Group LLP’s employment attorneys have successfully pursued many collective action lawsuits for FLSA violations. If you would like to speak with one of our employment attorneys about a collective action lawsuit, fill out the form to your right or call toll-free (866)981-4800. We will evaluate your claim to determine if a collective action lawsuit is appropriate, at no cost to you.