Class Action Lawyer Los Angeles | PAGA & Employment Class Actions

If you need a class action lawyer in Los Angeles, Mesriani Law Group is here to help. When an employer systematically violates the rights of multiple employees — through illegal wage practices, company-wide discrimination, or widespread labor code violations — a class action or representative action is often the most powerful tool available to hold them accountable.

Class and representative actions allow employees to band together to challenge employer misconduct that would be impractical or economically unviable to pursue through individual litigation. The result is leverage that individual employees simply do not have on their own. At Mesriani Law Group, our Los Angeles class action attorneys have represented employees in employment class actions and PAGA representative actions throughout California.

Types of Employment Class Actions in California

Mesriani Law Group handles several distinct types of class and representative actions:

Wage and Hour Class Actions

The most common type of employment class action in California — see our dedicated wage and hour claims page. When an employer has a company-wide policy or practice that denies workers minimum wage, overtime, meal breaks, rest breaks, or accurate wage statements, every affected worker may be part of a class. See our guide on claiming unpaid wages in California. Common wage and hour class action claims include:

• Failure to pay overtime to misclassified workers
• Minimum wage violations affecting all hourly workers
• Systematic meal and rest period violations
• Off-the-clock work required across a workforce
• Improper rounding of time records
• Failure to provide itemized wage statements as required by Labor Code § 226
• Unlawful deductions from wages

Internal link: ‘wage and hour claims’ → /employment-labor/wage-and-hour-claims/

PAGA Representative Actions

The Private Attorneys General Act (PAGA) — California Labor Code § 2698 et seq. — is a uniquely powerful California law that allows an aggrieved employee to sue on behalf of themselves and all other current and former employees for Labor Code violations, with civil penalties going partly to the state and partly to the affected employees.

PAGA differs from class actions in important ways:

• No class certification required: PAGA claims do not require satisfying the requirements of Rule 23 or California Code of Civil Procedure § 382 for class certification
• Civil penalties: PAGA penalties are $100 per employee per pay period for initial violations and $200 per employee per pay period for subsequent violations — which can amount to enormous aggregate liability for large employers
• 75/25 split: 75% of PAGA penalties go to the California Labor and Workforce Development Agency (LWDA); 25% goes to the aggrieved employees
• Mandatory LWDA notice: Before filing a PAGA lawsuit, the employee must send written notice to the LWDA and the employer. The employer then has 65 days to cure certain violations.
• Arbitration agreements: Following Viking River Cruises v. Moriana (2022), individual PAGA claims may be compelled to arbitration, but representative PAGA claims for other employees may proceed in court.

Employment Discrimination Class Actions

When an employer has a company-wide discriminatory policy or practice — such as a promotion system that systematically excludes women, a hiring practice that disproportionately screens out older workers, or uniform wage structures that pay protected groups less — a class action may be appropriate. These claims are typically brought under Title VII, the ADEA, or California’s FEHA — see our employment discrimination page.

Internal link: ’employment discrimination’ → /employment-labor/employment-discrimination/

FLSA Collective Actions

The Fair Labor Standards Act (FLSA) provides a different mechanism than state class actions — the “collective action.” Unlike state class actions where employees must opt out, FLSA collective actions require employees to opt in. These are typically used for nationwide wage and hour violations, particularly overtime violations for misclassified employees.

Class Certification Requirements Under California and Federal Law

For a California class action to proceed, the court must certify the class. Under California Code of Civil Procedure § 382 and analogous federal Rule 23, the following requirements must be met:

• Numerosity: The class must be large enough that individual lawsuits would be impractical — typically at least 40 members, though California courts have certified smaller classes
• Commonality: Class members must share common questions of law or fact
• Typicality: The named plaintiff’s claims must be typical of the class claims
• Adequacy: The named plaintiff and class counsel must adequately represent the interests of the class
• Ascertainability: The class must be defined by objective criteria so that members can be identified
• Predominance: Common questions must predominate over individual questions — often the key battleground in employment class actions
• Superiority: A class action must be superior to other methods of adjudication

Our class action attorneys have the experience to navigate class certification and defeat employer arguments against certification. If your employer’s violations also resulted in your termination, see our wrongful termination page.

Arbitration Clauses and Class Action Waivers

A major obstacle in employment class action litigation is the widespread use of mandatory arbitration agreements with class action waivers. Many California workers signed employment agreements containing provisions requiring individual arbitration and waiving the right to participate in class actions.

The enforceability of these provisions continues to evolve:

• Federal law (Epic Systems Corp. v. Lewis, 2018): The U.S. Supreme Court upheld class action waivers in employment arbitration agreements under the Federal Arbitration Act (FAA), significantly limiting employment class actions for workers subject to these agreements.
• PAGA exception: California courts have held that representative PAGA claims for other employees cannot be fully waived through arbitration agreements, though Viking River Cruises v. Moriana (2022) allowed individual PAGA claims to be compelled to arbitration.
• California AB 51: California’s attempt to ban mandatory arbitration agreements was largely preempted by federal law per the Ninth Circuit.

Whether an arbitration clause bars class action participation requires careful legal analysis. Our attorneys review employment agreements to identify every viable path to class or representative recovery.

The Role of the Named Plaintiff

In a class action, one or more named plaintiffs bring the lawsuit on behalf of all similarly situated employees. The named plaintiff’s role includes:

• Serving as the representative of the entire class
• Participating in discovery and potentially testifying at deposition or trial
• Approving any settlement on behalf of the class (subject to court approval)
• Potentially receiving an “enhancement award” or “service payment” above the standard class member recovery in recognition of their additional participation

Being a named plaintiff carries additional responsibilities but also additional recognition. Named plaintiffs who report violations may also have whistleblower protections. Our attorneys will explain exactly what is expected and protect the named plaintiff’s interests throughout the case.

How Class Action Settlements Work

The vast majority of employment class actions resolve through settlement rather than trial. Key aspects of the settlement process include:

• Settlement negotiation: The parties negotiate a total settlement amount. The allocation between class members, attorney’s fees, and administrative costs must be approved by the court.
• Court approval required: Class action settlements in California require court approval to ensure they are fair, reasonable, and adequate for the class. Courts scrutinize attorney’s fee requests and enhancement awards.
• Notice to class members: Class members must receive notice of the proposed settlement and have an opportunity to object or opt out.
• Individual recovery: Each class member’s individual recovery depends on the total settlement amount, the allocation formula, and the number of class members who participate.

What Compensation Is Available in Employment Class Actions?

• Back pay and unpaid wages: All wages owed under minimum wage, overtime, and other wage and hour laws
• Waiting time penalties: Under Labor Code § 203, employees who are not paid all wages owed at termination may recover up to 30 days of wages as penalties
• Wage statement penalties: Up to $4,000 per employee for Labor Code § 226 violations
• PAGA civil penalties: $100–$200 per employee per pay period, which can total millions for large employers
• Interest: Pre-judgment interest on unpaid wages
• Attorney’s fees and costs: California Labor Code and FEHA both allow prevailing plaintiff class members to recover attorney’s fees — making class actions financially viable even when individual recoveries are small

Class Action Filing Deadlines in California

• PAGA claims: Notice to the LWDA must be filed within three years of the violation (one year for violations discovered after reasonable investigation)
• Wage and hour class actions: Minimum wage and overtime claims have a three-year statute of limitations for California Labor Code claims; one year for some penalty claims
• FEHA discrimination class actions: Three years from the discriminatory act to file a complaint with the CRD
• FLSA collective actions: Two years for non-willful violations; three years for willful violations

Important: Class action statutes of limitations apply to the class representative’s individual claim. Contact a class action lawyer in Los Angeles as soon as possible after discovering potential class-wide violations.

Why Choose Mesriani Law Group as Your Class Action Lawyer in Los Angeles?

• Over 30 years representing employees and class members in employment class actions and PAGA actions throughout Los Angeles and California
• Hundreds of millions of dollars recovered for clients
• Deep knowledge of PAGA, California Labor Code class certification requirements, FLSA collective actions, and arbitration agreement analysis
• Experience as lead counsel and co-counsel in employment class actions across multiple industries
• No Win, No Fee — you pay nothing unless we win your case
• Available 24/7 in English, Spanish, and Farsi