Practice areas / Class Actions
Employment Class Action Lawyer in Southern California
If your employer shorted you, the odds are it shorted the people working next to you the same way. Justin Silverman represents California workers in class and representative actions against employers whose pay practices, classifications, or layoffs broke the law for a whole group at once.
$3,000,000
No. 1 Riverside County employment verdict, 2023
13 yrs
Representing California workers since 2013
$0
Consultation is free, and confidential
Verdict obtained with co-counsel Jared M. Irmas of Irmas Law APC. Listed by TopVerdict.com. Past results do not guarantee a similar outcome.
Tell Justin what happened
You'll hear back within one business day, or call 818-585-1267.
Recognized by
Written and reviewed by Justin Silverman
CA Bar #292036 · Reviewed August 2026
Does this sound like you?
If one of these describes your situation, it is worth a conversation. If none of them quite fit, call anyway, because the list is not exhaustive.
- Overtime that never appears on anyone's paycheck, or a regular rate that ignores bonuses and commissions
- Meal and rest breaks that the schedule makes impossible for every shift
- A whole job category labeled independent contractor or exempt
- Work expenses, mileage, or equipment costs pushed onto employees
- A mass layoff or closure with less than 60 days of notice
- Pay stubs missing hours, rates, or the information the Labor Code requires
What the law protects
California law lets workers with the same claim bring it together. Code of Civil Procedure section 382 authorizes class actions where questions of common interest affect many people, and the California Supreme Court confirmed in Sav-On Drug Stores v. Superior Court that workers can proceed as a class even though each person's damages differ. The Private Attorneys General Act adds a second path, letting one aggrieved employee pursue Labor Code penalties on behalf of the state and every affected coworker without certifying a class at all.
The company counted on nobody comparing paychecks.
The claims that fit this mold are the ones built into company systems. Daily overtime that a payroll system never calculates, meal breaks that staffing levels quietly erase, workers labeled contractors or exempt to avoid the wage rules, expenses pushed onto employees, and layoffs carried out without the 60 days of notice the WARN Act requires. A system-level violation produces the same injury on every paycheck it touches.
Group cases also protect the workers least able to sue alone. When one paycheck is short by forty dollars a week, no one can afford to litigate it individually. When five hundred paychecks are short the same way, the case is worth bringing, and the fee-shifting statutes mean the employer pays the lawyers when the workers win.
What you may be able to recover
Depending on the claims, a class or representative action can recover the unpaid wages themselves with interest, liquidated damages on minimum wage claims, one hour of premium pay per missed break day, reimbursement of business expenses, statutory penalties for wage statement and final pay violations, PAGA civil penalties shared among workers, and up to 60 days of pay and benefits per worker under the WARN Act. The wage statutes, PAGA, and WARN all shift attorney's fees to the employer when workers win.
| What | Covers |
|---|---|
| Unpaid wages and premiums | Overtime, minimum wage, and one hour of pay per missed break day, for the whole class period |
| Liquidated damages | Can double a minimum wage recovery under Labor Code section 1194.2 |
| Statutory penalties | Wage statement penalties up to $4,000 per worker, waiting time penalties up to 30 days of wages |
| PAGA civil penalties | Per employee per pay period, with 35 percent distributed to workers |
| WARN back pay | Up to 60 days of pay and benefits per worker after a layoff without proper notice |
| Attorney's fees | The wage statutes, PAGA, and WARN all shift fees to the employer when workers win |
How long you have
These are the dates that can end a case before anyone looks at what happened to you. Many claims have two. One to tell a government agency, and a second to file in court after that agency responds.
- Recover wages you were not paid
- 3 years
- Bring PAGA penalties for yourself and other workers
- 1 year
- Sue over a layoff without proper WARN notice
- 3 years
- Recover wages as restitution under the UCL
- 4 years
These are the general limits, not advice about your situation. Exceptions can make them shorter or longer, and the clock does not always start on the day you think. If you are close to one of these, or you think you are already past it, it is still worth asking.
Working with Justin
- 1The call. You speak with Justin, not an intake screener. It is free and confidential.
- 2The review. He tells you which lines your facts cross, and which they do not.
- 3The case. You reach him directly, by phone and email, throughout.
Key points
Each point is explained and sourced above · Verified August 1, 2026
| Point | Treatment | Applies to | Authority |
|---|---|---|---|
| Unpaid wages and premiums | Overtime, minimum wage, and one hour of pay per missed break day, for the whole class period | California | Lab. Code §§ 510, 1194, 226.7 |
| Liquidated damages | Can double a minimum wage recovery under Labor Code section 1194.2 | California | Lab. Code § 1194.2 |
| Statutory penalties | Wage statement penalties up to $4,000 per worker, waiting time penalties up to 30 days of wages | California | Lab. Code §§ 226(e), 203 |
| PAGA civil penalties | Per employee per pay period, with 35 percent distributed to workers | California | Lab. Code § 2699 |
| WARN back pay | Up to 60 days of pay and benefits per worker after a layoff without proper notice | California | Lab. Code § 1402 |
| Attorney's fees | The wage statutes, PAGA, and WARN all shift fees to the employer when workers win | California | Lab. Code §§ 1194, 2699, 1404 |
| Recover wages you were not paid | 3 years | Deadline to act | See How long you have, above |
| Bring PAGA penalties for yourself and other workers | 1 year | Deadline to act | See How long you have, above |
| Sue over a layoff without proper WARN notice | 3 years | Deadline to act | See How long you have, above |
| Recover wages as restitution under the UCL | 4 years | Deadline to act | See How long you have, above |
Questions workers ask
What makes a workplace problem a class action?
A common practice applied to a group. One worker denied breaks is an individual case. A schedule that makes breaks impossible for every shift is a class case, because a court can decide the practice once for everyone it touched. Your own damages do not need to match anyone else's.
I signed an arbitration agreement. Is a group case impossible?
Not necessarily. Courts can send your individual claims to arbitration, but under current California law you may still pursue PAGA penalties on behalf of other workers in court. This area of law is changing quickly, so what your agreement actually blocks is a document review, not a guess.
Do you only take cases in Southern California?
No. Justin represents workers anywhere in California. These pages speak to Southern California because that is where the office is, but where in the state you work does not decide whether he can take your case.
What does it cost to be part of a class action?
Nothing out of pocket. The consultation is free, and these cases are handled on a contingency basis. There is no fee unless we win, and if there is no recovery you owe no costs either. Several of the statutes involved also shift fees to the employer when workers win.
Other ways I help workers
All nine practice areas →Wage and Hour
Unpaid overtime, missed breaks, or a late final check, recovered with penalties.
Employment Issues
The full range of California employment disputes, handled for workers, not employers.
Wrongful Termination
At-will doesn’t mean an employer can fire you for an unlawful reason.
Retaliation and Whistleblower
Punished for speaking up? Retaliation can be a claim of its own.
Over $12 million recovered for clients. Past results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship. You can reach the office at 818-585-1267.