Collective and Class Action Attorney in Miami

Involved in a Collective or Class Action? Call a Miami employment lawyer!

Are you similarly situated to other employees? In many instances, employers whose timekeeping and compensation practices don’t comply with the with the requirements of the Fair Labor Standards Act (FLSA) affect the right of hundreds and even thousands of employees at multiple locations. In these cases, the law empowers employees to initiate or join a collective, or class, action in which an employer’s common policy or practice is alleged to unlawfully deprive a group of “similarly situated” employees of their right to minimum and/or overtime wages.

What’s the difference between a collective action and a class action?

The main difference between a collective action and a class action is the means by which you are covered by, or not included in, the case. In a collective action under the FLSA, employees must formally “opt in” to the case by signing a written statement—commonly known as a Consent to Join-expressing their written desire to join the lawsuit to pursue the recovery of their unpaid wages. In a class action, where a class has been certified, employees in similar situations are typically “automatically” included within the class covered by the lawsuit unless the employee affirmatively opts out of the case. Additionally, throughout the United States, most minimum wage and overtime cases can only be compromised, or settled, through approval by a Court or under the supervision of the U.S. Department of Labor. This ensures that employees’ rights are protected through appropriate representation, consistent with the objectives behind the passage of the FLSA in 1938, even after more than Seventy-Five (75) years.

The Law Office of Keith M. Stern, P.A. is dedicated to vindicating workers’ rights in all aspects of their employment and we have a long history of securing unpaid minimum and overtime wages for our clients throughout the United States.