Class Action

Experienced Class Action Defense Lawyer in Los Angeles

Over the life of a business, its management must make numerous daily decisions that carry legal consequences. Sometimes mistakes are made, or employees act opportunistically or vengefully. A class action lawsuit, in particular, can result in significant harm to a business or put it into bankruptcy. If you suspect that multiple employees have issues with the company over wage and hour, discrimination, or other labor law issues, you need legal counsel to guide you through a strong defense of your interests. Call seasoned Los Angeles class action defense lawyer Ben Mehdian to represent your business in a class action lawsuit. He can swiftly assess the merits of plaintiffs’ claims and develop the best strategy to defend against those claims in court or negotiate a settlement when that is your best interest. 

Class Action Certification

The drama and threat of a class action lawsuit is grounded in its sheer size — a class action allows a large number of plaintiffs to bring suit collectively and pool their resources. In an employment context it exposes the employer to potential liability for a substantial and detrimental damages award, as well as the plaintiffs’ attorneys’ fees. 

However, it is wise to seek legal counsel to protect your business as there are strong defense strategies that can be used. In order to pursue a class action lawsuit, plaintiffs must obtain class certification from the court. One potentially powerful tool in defending against an employment class action is for our attorneys to fight class certification on your behalf. Class certification requires the plaintiff to demonstrate that: (1) there is an ascertainable class, (2) the class members share a well-defined community of interests, and (3) resolving the claims with a class action rather than several individual lawsuits would be beneficial. When certification is sought, the court will also determine whether there has been a showing of a community of interest by examining:

• whether the class members share predominant legal or factual questions across their cases,
• whether the putative class representatives’ lawsuits are typical of other class members,
• whether the putative class representatives adequately represent the class.

We may be able to do this by showing the court that one or more of these important elements does not exist. When class certification fails and plaintiffs need to pursue their complaints as individuals, the employer’s potential exposure may be reduced. Failed class certification significantly undercuts the impact of the case, even if individual employee plaintiffs prevail. An employer that can prevent class certification may be able to significantly reduce its potential exposure.

Wage and Hour

There are other nuances to class action lawsuits that may be used to defend against a damages award or settlement, as well. If a class action involves wage and hour, the law restricts the settlement of the claims. Under California Labor Code section 1194, employers and employees cannot agree that the employee should work for less than minimum wage. Specific settlement agreements must take into account these restrictions; a settlement agreement shouldn’t require an employee to forego wages. When a class is large, however, this can make it difficult to parse the employer’s requirements. It is crucial to work with a lawyer that understands these difficulties. 

Other Defenses

Employment lawsuits have the highest frequency of class action certification, including certifications linked to class wide settlements. Many employment class action cases have a degree of certainty with regard to class size. For example, a company may be sued in a class action because all of its employees allege they have not been paid overtime or that they’ve been misclassified as independent contractors.

In some cases, defense of a class action depends on figuring out a substantive defense to the specific claims. For example, classification of workers, employees, and independent contractors, and therefore the obligations the company has towards them, are determined under the law; defense of a class action in that instance would involve countering plaintiffs’ claims of misclassification with evidence that the company had correctly classified the plaintiffs.

It may be challenging to identifying and negotiate settlement agreements with particular class members, but retaining a tenacious defense attorney to do this may reduce your legal exposure and significantly weaken the plaintiffs’ bargaining position.

Call a Seasoned Los Angeles Class Action Lawyer

A class action lawsuit could severely weaken your business or force it into bankruptcy. If your business is the subject of a class action lawsuit, you may be unsure where to turn. During these challenging times, you should contact a Los Angeles employment defense attorney with the experience and insight needed to successfully counter the class action process and claims. Ben Mehdian can evaluate the facts of the litigation and determine a strong, fearless strategy to seek the outcome you need. Contact us at (844) 463-4342 or (310) 889-0706 or via our online form to schedule a consultation and protect your business.