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The attorneys at McGillivary Steele Elkin LLP relentlessly pursue workplace justice for workers across the nation. In addition to individual cases, we have significant experience representing large groups of workers in class action and collective action cases.

We seek to remedy injustice brought to our attention and do so through arbitration, mediation and litigation, but first the case needs to be carefully reviewed and researched. Here are some cases that are currently being pursued:

Class Action & Collective Action FAQ’s

1. Why should I be involved in a collective action lawsuit

By participating in a collective action, you accomplish a number of objectives. You can obtain compensation for a wrong, injury, or loss you have sustained that may not have been available to you in any other forum. Through inclusion in a collective group of similarly harmed current and former employees, you may also demonstrate to the court that the alleged harm impacted a large number of people, increasing both the likelihood of recovery and its size. To join a collective action, you simply have to sign a consent form.

2. What is a collective action lawsuit?

It is an action under federal overtime law brought on behalf of all similarly situated employees, meaning those who have suffered a similar harm such as time-shaving, unpaid overtime or overtime computed incorrectly. To join a collective action, an individual simply needs to opt-in by completing a ‘consent to sue’ form, after which the attorney will file it in federal court.

3. If I fill out this consent form, what could happen?

We will contact you and provide you with access to a confidential webpage that discusses the case in detail. We will also contact you to learn more about your situation to find out if you are eligible to join the case. If you are eligible, we give you the option to become a plaintiff in the case and will answer any questions you have. We will keep you up to date to date about the lawsuit as it progresses. You can contact our office at any time to ask questions about the lawsuit at no charge.

4. Do I have to pay anything if I join a class or collective action lawsuit?

No. The attorneys handle the cases on a contingent fee of one-third (1/3) of the recovery and the attorneys advance all the costs of the lawsuit. If they win or settle the case, the attorneys are paid attorneys’ fees in the amount of 1/3 of the total recovery (including attorneys’ fees recovered from the defendant) and defendant pays most or all costs. If the case is lost, you owe nothing – nothing for attorneys’ fees and nothing for costs.

5. How long does a class/ collective action case take?

The time it takes is dependent on the court process and on the willingness of the defendant to settle. Collective actions can take as short as a few months to as long as a few years.

6. I’m a current employee, what will happen if I join the case?

If you join the case, you will simply continue your job as usual. Because you a plaintiff in the case, the company and supervisors/managers are prohibited from discussing the case with you. Nothing should change about your job or your opportunities for advancement. If anything did occur related to the case, we would represent you and the court would likely get involved to stop it.

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