Put Our Class Action Attorneys On Your Side
At Shanberg Stafford LLP, our experienced team of class action attorneys provides outstanding representation and advocacy for employees and consumers in class actions in California, Washington, Colorado and nationwide. We are also experienced in defending employers and companies in class actions in both the employment context and in consumer protection cases. Our class action lawyers have more than 50 combined years of experience and represent clients in a wide range of class action matters.
To arrange a consultation, please call us at 866-902-0497 or contact us by email. With offices in Newport Beach and Seattle, we advise and represent clients nationwide.
Employment Class Action
- Unpaid overtime
- Unpaid minimum wages and/or prevailing wages
- Missed meals and/or rest breaks
- Working “off-the-clock”
- Being “on-call”
- Misclassification as “exempt” or as an “independent contractor”
- Disability and/or medical condition discrimination claims
- Discriminatory bias based on gender, age or race
- Leaves of absence
See our employment law overview to learn more.
Consumer Protection Class Action
- False advertising
- Hidden or undisclosed fees
- Defective products
- Data breaches
- Unfair competition or deceptive trade practices
Our attorneys can litigate these issues as a class action, representing all impacted consumers in one proceeding. A class case efficiently addresses widespread harm that individuals might not pursue on their own. This approach allows us to pursue recovery for an affected group of people at once, including cases that may not be enough to warrant an individual claim.
See our overview of consumer protection law to learn more.
When representing employers or companies, our class action lawyers understand that class action litigation poses a significant threat to the company’s survival and future business endeavors. We work closely with our clients from the beginning of the case to determine the best strategies for defending and/or resolving the litigation.
Does Your Situation Qualify For A Class Action Lawsuit?
Federal Rule 23 of Civil Procedure governs many class actions in federal court. According to this rule, a claim may qualify for a class action lawsuit if:
- There is enough number of people affected by the same rule, fee, product defect or practice, to the point where it isn’t practical to handle everyone’s claims one by one
- A proposed representative has the same type of claim as the group
- The representative and lawyers can adequately represent the class
- The court can answer shared legal questions for everyone at once
- Handling the dispute as one class action is fairer and more efficient than many separate lawsuits
Our attorneys can review your case, including the timeline and any relevant documents. They will also look for arbitration clauses and class‑action waivers in any agreement you signed. These terms may require individual arbitration or limit the ability to proceed as a class in court.
How Does One Become A Class Representative Or Join A Class Action Lawsuit?
You can serve as a class representative if your situation is much like the rest of the group’s and you can fairly look out for everyone’s interests, not just your own. Courts call this “typicality” and “adequacy” under Rule 23. Credibility, availability and having no conflicts with the class are also important, since class representatives may need to:
- Stay in touch with counsel and review key filings
- Respond to discovery and sit for a deposition if needed
- Work with counsel on settlement terms and fairness hearing preparation
- Expect time away from work for a deposition or hearing days
Class actions certified under Rule 23(b)(3) – which are common for monetary damages – include all class members automatically, unless they choose to exclude themselves, or “opt-out” by a court-ordered deadline. In cases like these, the court must direct the “best notice practicable” to class members, informing them of the case and their right to opt out.
For federal wage-and-hour cases under the Fair Labor Standards Act (FLSA), you will need to “opt-in” to join this collective action. This means you must sign and return a consent form to participate.
If you think you’re part of a class but did not receive notice, contact us. Our lawyers can check the court docket and the settlement administrator, confirm your status and help with any address updates.
The Distribution Of Settlements And Judgments
After a settlement or verdict, the court reviews and approves a plan that explains exactly how the settlement will be divided. Payments typically come from the “net fund,” which is the total recovery minus court‑approved attorneys’ fees, litigation costs and settlement administration expenses. A neutral settlement administrator then sends notices and payments.
Most plans are based on objective records. This can include weeks worked, hours, job role or pay rate in wage cases, or the number/amount of purchases within the date range in consumer cases. Courts may use:
- Pro rata formulas, such as a set amount per workweek or per purchase
- A points system that gives more weight to certain factors, such as supervisors or night shifts
- Tiers that group people by role, time period or proof of purchase
Some plans may also include minimum payments or caps. While some settlements pay automatically, others might require you to submit a short claim form by a deadline.
If there are funds still remaining after all practicable efforts to distribute them to class members (including a second distribution), the court may, as a last resort, approve a cy pres distribution. This involves donating the remainder to a nonprofit whose work is connected to the case’s purpose. Our attorneys can walk you through the distribution process and your potential share before you decide whether to stay in the class.
Contact Our Class Action Lawyers Today
Do you have questions about starting or joining a class action? Our class action attorneys can walk you through your rights, deadlines and options. Call 866-902-0497 or email us to schedule a private consultation.