Class Action Process

Understanding the timeline and process can help you make informed decisions about pursuing a class action:

Investigation and Filing

Our attorneys thoroughly investigate claims, gather evidence, identify potential class members, and file the lawsuit on behalf of the class representatives.

Discovery

Both sides exchange evidence, including documents, data, and testimony. This phase allows us to build a comprehensive picture of the employer’s practices and their impact on workers.

Class Certification

The court decides whether to allow the case to proceed as a class action. This stage involves demonstrating that the case meets legal requirements for class treatment, including common issues of law or fact and adequate representation.

Motion Practice and Negotiation

Legal arguments and settlement discussions often occur simultaneously. Many class actions settle before trial, but we’re always prepared to take cases to verdict if necessary.

Resolution

Whether through settlement or trial verdict, successful class actions result in compensation for class members and often require employers to change discriminatory policies.

Distribution

After approval of any settlement or judgment, class members receive their share of the recovery based on factors such as length of employment and extent of harm suffered.

Timeline: Class actions typically take 2-5 years from filing to resolution, though some complex cases take longer. While this requires patience, the results often justify the investment in terms of both individual recovery and systemic change.

Your Role as a Class Member or Representative

Class Representatives (Named Plaintiffs)

Class representatives are the individuals whose names appear on the case. They work closely with attorneys, participate in discovery, often give depositions, and potentially testify at trial. Being a class representative is an important role that requires:

• A strong individual claim representative of the broader group’s experience
• Willingness to participate actively in the litigation process
• Credibility and reliability as a witness
• Commitment to the case, which may take months or years
• A strong desire to pursue justice on behalf of others in your shoes

Class representatives advocate not just for themselves but for everyone similarly affected. While this role requires more involvement than being a class member, if the case is successful, many courts allow representatives to receive some additional compensation (“service awards”) for their contribution to the class.

Class Members

If you’re not a class representative but have similar claims, you may be included in the class. In many cases, you’ll be notified if a court certifies a class that includes you, and you can decide whether to participate or opt out. Class members may:

• Provide information and documentation during discovery if requested
• Receive updates about the case’s progress
• Have the opportunity to object to proposed settlements
• Receive compensation if the case is successful