Collective actions are particularized mechanisms that enable many plaintiffs to band together in an action after the people affirmatively opt-in to the case. In contrast to Class Actions where everyone is part of the case unless they opt-out, in a collective action no one is part of the action until they opt-in. That means their damages may expire before they have a chance to opt-in so time is of the essence to alert the public to their rights.
The most common mechanism to enable a collective action is through the Fair Labor Standards Act (FLSA) in which people invoke their wage and hour rights through the collection mechanism in 216(b). The benefits of a 216(b) FLSA collective action are the weight of the world is not on the shoulders of just one plaintiff and there is generally strength in numbers. FLSA collective actions may include double damages plus attorney fees and expense paid separately.
Our firm has recovered millions of dollars for employees with FLSA litigation and we’re only paid if we win your case. We will evaluate the ability to file a collective action which could also entitle you to an incentive award. If there is a paper violation, that is, a case for example where the employer violates the law by paying straight time for overtime and the employer is solvent, we will litigate the matter until we at least recover 100% of your actual damages and if there is a willful violation we will strive to obtain 100% of the liquidated damages.