A class action lawsuit involves a Court deciding the claims of many individuals (typically hundreds or thousands of people) in one lawsuit.  When a Court is dealing with a common set of facts that have caused an injury to many different people a class action lawsuit  secures justice for all of those who have been injured by the defendant.  Without a class action each individual person would have to bring their own lawsuit to collect their damages.

      We believe EY's failure to pay overtime to its staff and seniors is exactly the sort of situation that the Court should remedy on a class action basis.  Although EY used staff and seniors in a number of different positions and departments, we believe the use of staff and seniors to perform predominately "non-professional" work was common throughout the firm.  Unfortunately, we fully expect EY will present an inaccurate picture to the Court about how it actually uses staff and senior employees.  Presumably EY will argue that although certain staff and seniors did work that was the same, or similar, staff and senior employees spend most of their time doing many different, unique, things.  EY will urge the Court to deny class action treatment of this case on the basis that there are not enough common facts in respect to the work performed by staff and senior employees (because, according to EY, there are more differences, than similarities, among the staff and seniors' work and the Court cannot determine, on a group basis, whether that work was mostly "professional" type "brainwork" or non-professional support type work).  If the Court agrees with EY's argument this case may not be certified as a class action.
 
      By assisting in having this case successfully certified as a class action you will be securing an opportunity to collect compensation if this case is successful.  If this case is not certified as a class action you will receive no compensation from this case (you will have to pursue your own lawsuit for overtime pay from EY if you want to try and collect any overtime pay that EY owes you).    If this case is certified as a class action you will also have the right to pursue an individual lawsuit against EY if you disagree with any proposed settlement of this case and decide to exclude yourself from such a settlement (the Court will issue a notice about any future class settlement of this case and your right to "opt out" of the case and its settlement).  By providing a witness statement, and assisting in having this case certified as a class action, you are not agreeing to any settlement of your overtime claim against EY or agreeing to participate in such a class action case.  You are simply helping to secure an option to participate in the case on a class action basis or any class action settlement of the case.  If, in the future, you decide you do not want to have anything to do with this case, or participate in any proposed class action settlement, you would have the right to "opt out" of the class.

  



Leon Greenberg
Attorney at Law
633 S. 4th Street - Suite 9
Las Vegas, Nevada 89101
(702) 383-6369
Member California, Nevada, New York,
New Jersey and Pennsylvania Bars
Mark Thierman, Esq., Of Counsel
Email: attorney at eylawsuit.com

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Advisement: The views and opinions expressed herein are strictly those of the above listed attorneys.  Those expressions are consistent with, and based upon, established law and precedents.