Class Action

Our nationwide team of class, collective, representative and mass action litigators handle the most complex and highest profile litigation matters in the employment law space.

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Littler’s remarkable success for clients is due to our vast experience, comprehensive understanding of substantive employment laws and procedures, data gathering, and statistical and computational analysis, as well as our practical understanding of how these complex, nuanced matters work.

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The law is constantly evolving and so are we.

Consisting of a robust group of cutting-edge thought leaders, we are committed to the defense of our clients in the most complicated, nuanced and high stakes litigation. We understand trends within your specific industries and jurisdictions, and we navigate all aspects of class action claims, including early assessment of the allegations, skillful navigation of complex and voluminous discovery, and the vigorous defense of claims through motion practice, settlement or trial. We work with each client to understand their business needs, as well as what constitutes a victory for each matter.

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But we do more than litigate.

We work hard to ensure that your policies and documents are up to date and that your employees are trained in the intricacies of the law through the full span of the employment lifecycle. This “remediation” work may limit penalties and often forms the foundation of our litigation strategy when you are hit with complex litigation. We also work hard to align with company leaders – including Boards and C-suite executives – on strategies to preventatively address issues involving enterprise-wide wage and hour policy decisions, discrimination prevention, the lawful use of biometric information, and the deployment and application of AI in the employment setting, as well as to address strategies involving the implementation of arbitration agreements.

By the Numbers

Each year, Littler defends its clients in over 2,000 employment-related class, collective, representative, PAGA, and mass actions -- experience that few, if any, firms can match. While many of these cases involve wage and hour claims, we have deep expertise in handling EEO, ERISA, FCRA and other types of class, collective, representative, PAGA and mass actions. Indeed, hundreds of clients across a broad range of industries—including technology, financial services, energy, construction, healthcare, pharmaceutical, transportation, hospitality, retail and the gig economy—have relied on Littler to successfully handle their high stakes wage and hour, PAGA, discrimination, ERISA, FCRA, Title III, privacy and other workplace-related class actions.

PAGA and PAGA Reform

Littler attorneys are experienced at managing complex representative actions under California’s Private Attorneys General Act. Our attorneys are thought-leaders and at the forefront of this ever-developing wave of litigation that has impacted nearly every employer in California, including the PAGA reform measures passed in July 2024. We have helped employers defend against PAGA allegations in every forum, including at the United States Supreme Court in Viking River Cruises, Inc. v. Moriana.

Nationwide Impact

Littler has also had the distinction of winning a number of cases before the United States Supreme Court that impact class and collective action practice. For example, in Integrity Staffing Solutions, Inc. v. Busk, Littler obtained a significant victory on behalf of our client that has benefited numerous employers across the country. In a unanimous decision, the Supreme Court reversed the Ninth Circuit and held that time spent in post-shift security screening, often called “bag checks,” is not compensable under the Fair Labor Standards Act.

Influence and Thought Leadership

Littler has also been called upon to submit amicus briefs in class and collective actions impacting important policies for employers across the country, such as Brinker Restaurant Corp. v. Superior Court, the seminal decision on meal and rest break policies under California law. In that case, Littler submitted a brief to the California Supreme Court on behalf of the National Retail Federation, the National Council of Chain Restaurants and others.

Littler’s singular focus on defending employers allows us to partner with various practice groups within the firm, including the Workplace Policy Institute®, to help develop and shape law both inside and outside the courtroom.

Key Capabilities

Within our team is a group of highly experienced, specialized attorneys who focus exclusively on a particular part of the complex litigation process for each matter. The Class Action Counsel group provides support and expertise in one of four key areas: case evaluation, brief writing, discovery and research. By focusing on a specific part of the litigation process, these specialized attorneys bring efficiency, creativity and substantial experience to each matter Littler handles in this complex and high-risk area of the law.