What Are Class Action Laws in PA?
When it comes to employment cases, employees have several options for seeking justice. One such option is through a class action lawsuit. By seeking to bring a case against your employer as part of a larger group, you can bring the case forward as a class rather than as individuals. However, class actions can be complicated cases.
Here’s everything you need to know about pursuing a class action lawsuit under Pennsylvania state law.
What Is a Class Action Lawsuit?
A class action lawsuit is where at least one person or legal entity, known as the named or lead plaintiff, sues on behalf of a group of people or another legal entity. This “class”, which includes the lead plaintiff, must have a common legal claim against the defendant or defendants. There are several grounds for a class action lawsuit, but it’s key that the class all share the same grievance for the class action to be approved.
For example, if a factory manager refused to pay his employees for the overtime they worked over the last six months, these workers would have a common grievance. They could seek to build a class action lawsuit against their employer and recover the wages owed to them.
On the other hand, imagine that in this scenario, a truck driver is being refused compensation for the fuel he had to purchase while working for the same employer. Although he’s also owed money by that employer, the facts are different enough that he wouldn’t be able to join the class action suit.
Types of Employment-Related Class Action Claims
Employment-related class action claims come in many forms thanks to the various acts that can negatively and adversely affect multiple employees. These include:
- Employment discrimination
- Sexual harassment
- Workplace health and safety violations
- Wage, compensation and hour violations
- Improper classification of employees
- Background check mistakes
Employers can also face class action lawsuits from people besides their employees. This can include investors who were given fraudulent information and consumers who were defrauded or suffered from a defective or dangerous product.
How Many People Are Needed to Start an Employment Class Action Lawsuit?
There’s no specific number of people needed to file a class action lawsuit in Pennsylvania. Instead, Rule 1702 of the Pennsylvania Code states that the class must be so numerous that it would be impractical for plaintiffs to individually pursue legal action. There must also be common fundamental legal questions or challenges among the plaintiffs.
Typically, a class would consist of at least 40 plaintiffs before the judge would certify it, although this isn’t a hard rule and each case is judged on its own merits. Cases that include a class of fewer than 40 plaintiffs may need to provide additional evidence to become certified.
Prerequisites to Class Action
Besides the size of the class, Rule 1702 of the Pennsylvania Code also gives several other conditions that the case must meet for the class action lawsuit to be certified.
Questions in Common
Beyond the class plaintiffs having a shared grievance, the class action must also seek to answer a larger legal or factual question that goes beyond individual differences. Additionally, the court must deem a class action lawsuit to be the best way to answer this question.
Fair and Efficient Adjudication
The class action must be deemed as a fair and efficient method of adjudication, which is the process of settling a dispute between the two parties. Rule 1708 of the Pennsylvania Code provides several criteria that the class action must meet for this definition to apply.
In cases where financial recovery alone is sought by the class, the court will consider aspects of the case such as:
- How difficult the class action will be to manage.
- Whether similar cases involving members of the class are already in progress.
- Whether the class members are likely to receive compensation of a size that makes the class action worthwhile.
In cases where equitable or declaratory relief alone is sought, the court will also consider whether the whole class was treated in an equal manner by the defendant.
When the class seeks both financial and other types of relief, the court will consider all of these criteria.
Class Representation
The court must deem that the class representatives meet the criteria set out in Rule 1709 of the Pennsylvania Code. The criteria include:
- The attorney can adequately represent the interests of the class.
- The representative parties must not have a conflict of interest with the class action.
- The representative parties will have adequate financial resources to protect the interests of the class.
The Class Action Lawsuit Process
Every class action lawsuit is different, but they all follow the same process.
1. Case Evaluation
The first step toward a class action lawsuit is to contact an employment attorney, who will determine whether there’s a legal basis for your claim. Your attorney will consider the complexities of the case and the likelihood of the class being certified. They’ll also investigate whether a lawsuit with the same or similar allegations has already been filed and predict possible defenses.
2. Lawsuit Filing
Once your attorney determines that the class may have a viable claim, they can draft a legal document called a complaint. This document describes the case facts, information about the class members and the damages that the class will seek. Your attorney will file this document with the court.
3. Class Certification
Before certification, it’s only a proposed class action. For it to be certified by a judge, the lead plaintiff must file a Motion for Certification of Class Action. If the court grants the motion, the class is certified, and the lawsuit can proceed.
4. Discovery
After the class is certified, the discovery phase begins. This is where each party’s attorneys can investigate the facts of the case by examining the evidence. Attorneys can request documents from either party to prove or disprove the claim.
Attorneys can also conduct depositions — or interviews — of individuals who have knowledge about the case to shed light on the case facts.
5. Resolution
A class action suit can be resolved in one of two ways. Many are settled out of court when the defendant and the class agree on a settlement. To comply with Rule 1714 of the Pennsylvania Code, a judge must review the settlement to determine whether it’s fair and legal before providing final approval.
If the case isn’t settled, it will go to a full trial. During the trial, the facts of the case will be presented before the judge and often a jury, too. A determination on the case will then be made.
6. Notification
After the settlement is approved or the trial is concluded and a judgment delivered, your attorney will inform class members of the outcome and describe the final facts of the case. This notice might also include the class members’ right to opt out of the case and pursue an independent case.
Why Choose Weisberg Cummings?
At Weisberg Cummings, we understand how it can feel to receive unfair treatment from your employers. With more than four decades of combined experience, we have the skills and resources to help you and other members of your class receive the fair treatment you deserve. Whether your grievance is related to wages, harassment or any other kind of employment-based claim, our practical and knowledgeable attorneys are here to help.
Get a Free Consultation Today!
Class action suits are complex, but they can get results in a way that individual cases often can’t.
With Weisberg Cummings, your class can benefit from employment law attorneys who are experienced with class action lawsuits in Pennsylvania. Our dedicated team has over 40 years of combined experience and is ready to offer personalized and responsive legal services tailored to your needs
To find out how we can help with your class action suit, contact us and arrange your free consultation today.
