Depending on the type of class action claim that has been asserted and knowing there was a violation of the law, an employee will likely receive more if they opt out and file their own lawsuit.
On the other hand, if the amount at stake is nominal, all a potential class member has to do is fill out a form, and they get paid. There is no time commitment and stress they would endure in prosecuting their own case.
Q: If and when you prevail, is the employer required to pay your fees?
A: Yes. If it’s a claim for unpaid overtime or minimum wages or other “wage and hour” claims.
Q: In a Class Action, do attorneys receive their contingency fee from the settlement?
A: Typically, that is the way that it works. The court has to approve the entire settlement, including attorney’s fees.
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