Class action litigation entails a complex, multi-step process. Here, we provide a high-level overview of employee class action litigation, and the proper steps that need to be taken.

Preliminary Investigation:  Initially, the attorney must thoroughly investigate the case. This allows the attorney to define the claims and determine the specifications of the case, such as who can participate in the case. Oftentimes, the class action law firm will advertise the case, by outsourcing by inviting  contact from others who have been harmed in the same way. 

Choosing Named Plaintiffs: Once the claim is determined fit to be subjected to a class action lawsuit by the attorney, the next step is to choose the named plaintiffs. This is a crucial step in the process of filing a class action lawsuit, because a class action won’t be allowed to move forward unless the court is satisfied that the named plaintiffs represent the interests of the class as a whole. 

Filing the Complaint: Although the phrase “file a class action lawsuit”  is often heard,  the lawsuit doesn’t technically become a class action until the court makes certain findings. Rather, a complaint is filed by the attorney, alleging that a class of people is similarly affected and that the case would best be tried as a class action. 

Pre-Certification Discovery: Discovery, generally, is the process that allows parties to a lawsuit to get information from each other, by gaining additional evidence. Class action cases demonstrate a different approach to discovery, in which the discovery is often split into two phases. The first phase allows the plaintiff to gather information that will help demonstrate to the court that there is a class of people who are similarly affected, and the second phase being that the named plaintiffs are good representatives for that class. This process may involve collecting electronic data such as timeclock records, and may include depositions in which officials of the company are questioned under oath.

Motion for Summary Judgment: The majority of  class action cases consist of the defendant filing a Motion for Summary Judgment, asking the court to decide based on the complaint that the plaintiffs don’t have a viable claim. Typically, the court will schedule a hearing on the summary judgment motion, which will give the plaintiffs a chance to present arguments to the court. If the court denies the Motion for Summary Judgment, the lawsuit moves forward. The case will continue to move towards trial, although most class action cases are settled before they reach trial. 

Class Certification: The parties will also typically have the opportunity to present evidence to the court on the issue of class certification. The plaintiff must show that the interests of the class action are comparative enough for a class action to be appropriate, that there are an influx of potential plaintiffs for individual cases to make sense, that the named plaintiffs are good representatives of the class, and that the filing attorneys are well qualified to represent the interests of the class. 

Pre-Trial Activity and Settlement Negotiation: If the class is certified by the court and the lawsuit continues through the summary judgment, the court will typically set up a schedule in order to collect information on any additional discovery, pre-trial conferences, and any pre-trial motions. During that same time, the parties, and ther represented attorney’s  will usually attempt to negotiate a settlement. Once the lawsuit reaches this stage, oftentimes the employer realizes the risk, which creates incentive to settle the claim without trial. While the settlement is typically comprised of financial compensation, the defendant may also agree to make policy changes within the company.

Fairness Hearing: A fairness hearing is held if the parties have reached a settlement. This Fairness Hearing is set in place to ensure that both parties have reached a fair agreement. Here, Class members will be informed of the agreement proposed, and be given the opportunity to object to the terms of the settlement, though this rarely occurs. Lastly, the court will issue an order to approve or disapprove the settlement – usually within 30 days, and if the settlement is approved without any appeals, payment to class members begins. If the parties are unable to reach a settlement, or do not agree to a settlement, the case may proceed to trial.