A class action is often based on a pattern and practice of a legal conduct by the employer. It can be a policy that serves to disadvantage a whole group of individuals. For instance, if an employer doesn’t pay overtime when they’re required to to entire class of employees, or if there’s a culture in the organization that is hostile to African Americans, hostile to women, hostile to older employees.
There has to be that systemic pattern in practice. There have to be a number of individuals effected by the practice, usually over 20, and when you can both prove the practice, prove the number of people who have been harmed by it, you have the basis to establish class wide relief for the entire group. It’s a very powerful tool and one that we have unique expertise in prosecuting at this firm.
About Larry Schaefer
Lawrence P. Schaefer has earned the respect of judges and other lawyers for his thorough and aggressive client advocacy in negotiation and litigation. He focuses exclusively on representing people who have been subject to employment discrimination at work. Larry serves as the firm’s President and head of litigation. Learn more >
About Toni Halleen
Toni has practiced employment law since graduating from law school in 1988. The field appeals to her because in our society, our jobs can be core to our identity and well-being. Even in her early years in the 70s and 80s, Toni remembers being drawn to ideals of justice, fairness, and social equality in attending anti-discrimination marches, participating in school activism, and admiring the political satire of the Smothers Brothers (and others). Learn more >