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Bitton & Associates

Attorneys And Counselors At Law

A Lawsuit by One Employee Can Effect Change Across an Entire Organization

In wage and hour cases one single employee can shake up and entire organization. Wage and hour cases include matters for unpaid wages, commissions, bonuses, overtime and the like. This area also includes non-compliant meal and rest breaks, unreimbursed employment expenses and wage theft. Under California law, one employee is all that is needed to sue an employer on behalf of all the employees with similar issues. This is typically done in a class action format and/or representative PAGA case. Using these types of complaints, an employee can force an employer to provide the names and addresses of all similarly situated employees. (See, Williams v. Superior Court). The one employee bring the lawsuit on behalf of all others does not not need to to have been directly affected by all the labor code violations, just some, in order to collect penalties for all other aggrieved employees. (See, Huff v. Securitas Services USE, Inc.) So while employees often have the view, “what difference can I make,” the reality is that an employee in a wage and hour case can resolve labor code violations for him or herself and all other employees similar to them.