Is your employer failing to pay overtime correctly — and not just to you, but to all your coworkers? Is tip theft or denied rest breaks affecting the entire team? When employment violations are systematic, there is a powerful legal tool that may be the right strategy: the class action lawsuit. At Liberation Law Group we represent workers in class actions and PAGA claims throughout Northern California.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
What Is a Wage and Hour Class Action Lawsuit?
A class action is a legal case filed by one employee — called the “class representative” — on their own behalf and on behalf of all other employees who were in the same situation. Instead of each worker filing their own individual case, all those affected are represented in a single lawsuit.
In California, wage and hour class actions are particularly effective because employment violations are frequently the result of systematic employer policies — not isolated incidents. When an employer has a policy of not paying overtime, that policy affects all of their employees in the same way.
The recovery from a successful class action is distributed among all class members — workers who did not even know they were part of a legal case can receive compensation. Learn more about the process on our wage and hour class action page.
PAGA: The Powerful Alternative to a Class Action
The Private Attorneys General Act (PAGA) is a uniquely California tool that allows an employee to act as a “private attorney general” and file claims on behalf of the state for Labor Code violations against themselves and other current and former employees.
The key difference between PAGA and a traditional class action: in a PAGA action, the employee does not need the court to “certify” a class of workers — a complex and costly process. They simply need to notify the state agency (LWDA) and can proceed. This generally makes PAGA faster and less expensive to initiate.
With the 2024 PAGA reform (AB 2288), the process changed in some respects: individual workers can now recover 35% of the penalties (vs. the previous 25%), and there are new “cure” mechanisms that allow employers to correct violations before trial. But PAGA remains a powerful tool — especially because arbitration agreements cannot fully block it.
Did your employer violate the rights of multiple workers?
Attorney Arlo Uriarte can evaluate whether a class action or PAGA claim is the right strategy. 1-888-442-2642 — free consultation in Spanish — 24/7.
When Is a Class Action the Right Move?
A wage and hour class action is appropriate when: the same violation affects multiple workers in a uniform way; the individual value of each worker’s case may be relatively small but the collective total is significant; there is an employer policy or practice — not just an isolated incident — that caused the violations; and there are enough affected workers to justify the certification process.
We have filed successful class actions against employers across multiple industries: restaurants in the Mission District and Napa Valley, warehouses in Solano County, cleaning companies operating in San Mateo County, and agricultural companies in the Salinas Valley and Watsonville.
The Class Action Process for Wage Claims in California
Investigation and evaluation: We assess the viability of the class action — size of the affected group, uniformity of violations, and case value.
PAGA notice (if applicable): For PAGA actions, we notify the California Labor and Workforce Development Agency (LWDA).
Filing the lawsuit: We file the case in the Superior Court of the relevant county, or with the Labor Commissioner for administrative claims.
Discovery and certification: For traditional class actions, we file a class certification motion. For PAGA claims, this step is not required.
Negotiation or trial: Most cases resolve in mediation. In successful cases, the settlement includes compensation for all class members.
Why Class Actions Are Powerful for Workers
Class action lawsuits carry powerful advantages for individual workers: each individual worker does not need to file their own costly case; the employer faces a far greater level of legal exposure than with individual cases; penalties accumulate for each worker and for each pay period — which can multiply the total value of the case enormously; and workers who do not know they have a case can receive compensation automatically as class members.
Additionally, class actions have a powerful deterrent effect — employers who know their illegal practices can result in a multi-million dollar class action have much stronger incentives to comply with the law. Also learn about wage theft and how to recover your full pay.
Do you know coworkers facing the same problem as you?
Call 1-888-442-2642 to speak with attorney Arlo Uriarte. A class action can be worth far more than an individual case. Free consultation in Spanish — 24/7.
Frequently Asked Questions — Wage Class Actions in California
Do I have to be the first to sue in order to participate in a class action?
No. The class representative is the employee who initiates the lawsuit — but any worker in the same situation can join the class once it is certified, or can receive compensation automatically as a class member. You do not need to start the process in order to benefit from it. If there is already a class action against your employer, an attorney can tell you whether you are an eligible member. If there is not one yet but you believe there should be, call 1-888-442-2642 — we can evaluate whether your situation justifies filing one.
How much will each worker receive in a class action?
The individual amount depends on factors such as the period of employment, wage rate, and type of violations. In some cases, individual amounts are relatively modest — a few hundred or thousand dollars — while the total class recovery is in the millions. In others, especially when violations are serious and long-lasting, individual workers can receive significant amounts. The class representative generally receives an additional payment for their role in the case. A free evaluation can give you an estimate of your potential share. Call 1-888-442-2642.
Do arbitration agreements block class action lawsuits?
Partially. Arbitration agreements with class action waivers are valid under federal law (since Epic Systems v. Lewis, 2018) and can block traditional class action lawsuits. However, PAGA actions cannot be fully blocked by arbitration agreements — this is one of the key reasons PAGA is so important in California. If your employer has an arbitration agreement, an employment attorney can evaluate whether a PAGA action is the right strategy for your situation. Learn more about employment arbitration agreements.
Can I file an individual case in addition to the class action?
Generally no — if you are a member of a certified class, your participation in the class action replaces your right to an individual case on the same violations. However, there are exceptions: you can “opt out” of the class and file your own individual case, which may make sense if your violations are particularly serious or if your situation differs significantly from other class members. An employment attorney can help you evaluate which strategy maximizes your recovery.
How long does a wage class action take?
Class actions are generally longer than individual cases. The class certification process alone can take 6 to 18 months. Subsequent negotiation or litigation can bring the total to 2–4 years. PAGA actions can be somewhat faster because they do not require the certification process. However, the potential value — both for the class representative and for other class members — frequently justifies the time invested. Your attorney will keep you informed at every step of the process.
Which Northern California industries have the most wage class actions?
The industries with the highest incidence of wage class actions in Northern California include: restaurants and hospitality (tip theft, unpaid overtime in Napa Valley, Sonoma, and SF); agriculture (unpaid overtime in the Salinas Valley and Pajaro Valley); warehousing and distribution (misclassification as contractors in Solano and San Mateo counties); building cleaning and maintenance (overtime violations in SF’s Financial District); and tech companies (misclassification of service workers in Silicon Valley).
How much does it cost to file a class action?
Liberation Law Group works on contingency — you pay nothing upfront. The consultation is completely free. We only collect fees if we win the case or reach a settlement. In class actions, attorney’s fees are frequently approved by the court as part of the settlement and paid by the employer — not by the worker class members. The class representative generally receives an additional payment for their role in initiating and maintaining the case. Call 1-888-442-2642.
Does Liberation Law Group file class actions outside of San Francisco?
Yes. We have filed class actions and PAGA claims against employers throughout the region: Sonoma County, Napa County, San Mateo County, Monterey County, and more. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Your Case May Be the Start of Something Bigger
When a worker calls us to report employment violations, what sometimes appears to be an individual case turns out to be the beginning of a class action that helps dozens or hundreds of workers at the same company. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in Spanish — No Obligation — No Fee Unless We Win
