In order for plaintiffs to file a class action lawsuit, they have to file a proposal with the court for their lawsuit to be certified as a class action. After that it’s the responsibility of the judge to determine if the plaintiffs meet the requirements for a class action.
There are several requirements plaintiffs need to fulfill in order to qualify for class action status, but the two most important are probably the need for enough plaintiffs to justify class action status (numerosity) and that the alleged violations were common practice with the defendant instead of an occasional incident or mistake (commonality). There are a few different ways for plaintiffs to prove they fulfill these two requirements, including providing a list of potential class members and/or testimony from named plaintiffs.
In the case of the recent overtime class action lawsuit against Gem Financial Services Inc., a pawnshop chain, the testimony of two of the named plaintiffs was enough to convince U.S. District Judge Brian M. Cogan that the employees sufficiently satisfy the commonality requirement for initial certification of the class.
David D., Diori J., and Natacha T. are the three named plaintiffs who, together, filed the class action wage and hour lawsuit against Gem Financial.
Diori worked as an accountant for Gem Financial and she alleged they made her submit inaccurate time records and pay employees the incorrect amount on a regular basis. Continue reading