What exactly is an anthem class action lawsuit? Basically, a class action suit is a lawsuit where one individual (usually referred to as an individual class member) brings legal claims on behalf of herself and fellow similarly situated individuals (usually referred to as group members) against an entity that has allegedly engaged in a certain course of illegal activity. In a nutshell, the intention of these lawsuits is to provide compensation for the damages suffered as a result of the defendant’s conduct, and to deter future conduct of that nature. Class action lawsuits are also sometimes referred to colloquially as “tying-up” lawsuits. One notable example of such a lawsuit occurred in 1984 when a group of coal miners from West Virginia went on strike in protest at the wage cuts they were entitled to receive.
After the strikes were announced, the Bureau of Labor Services approved a rule that coal mining operators to register with the Labor Department to participate in National Minimum Wage Laws. Violating this rule could result in massive fines or even imprisonment. When this action was brought before the United States District Court, it was proposed by the Anthem Group (an entity formed by the miners themselves) as one of a number of class actions that would be brought in order to protect the miners from wage garnishments and other retribution lawsuits.
Why was this lawsuit necessary? The class members were required by the Bureau of Labor Services to file their claims with the aforementioned agency in order to have their cases considered. The litigation required two major things before it could proceed: (a) that there had to be a question of whether or not the activities at issue had engaged in unlawful discrimination; and (b) that the plaintiffs must establish that they met the statutory class members’ requirements. In light of these two requirements, the court declined to grant class certification on the basis that the plaintiffs did not meet the criteria outlined in question 2. Thus, ultimately, the National Minimum Wage Law was not amended to include an overtime pay provision for white-collar workers.
The question posed is whether or not the activities in question engaged in unlawful discrimination. Assuming that it did engage in discrimination, it would be the conclusion of the analysis regarding whether or not the plaintiffs’ allegations fall within the class definition set forth by the FLSA itself. To arrive at such a conclusion, it is important to review the FLSA’s text so as to determine precisely what it contains and what constitutes unlawful discrimination under the Act.
The Act contains numerous definitions pertaining to the meaning of personal information. Among those defined terms are those defining prohibited discrimination, which include “hostile employment practices”, “insolence towards employees” as well as “disparagement”. As such, class counsel will need to determine whether the facts presented to them establish a violation of any of the aforementioned clauses. If the evidence supports the conclusion that the plaintiffs have been subjected to personal information violations, then the case should move forward to the next step, which is the filing of a complaint. If, however, the complaint is found to be insufficient to establish the facts support a lawsuit, or if the plaintiff is unable to prove any liability on these accounts, the case will proceed to arbitration-or, in the case of a mediation agreement, to summary judgment.
Finally, a review of the class action/settlement agreement will allow class members to evaluate the credibility of the complaint-and, in turn, the ability of the defendants to settle the case. If the class members feel as though they were duped into signing the agreement or finding themselves on the short end of the stick when negotiating the case with the defendants, they may seek review of the class action/settlement agreement. Likewise, if they feel as though the class action/settlement did not go far enough in protecting them from discriminatory conduct, they may seek review of the conduct under the Fair Labor Standards Act (FLSA). Whether the class action lawsuit provides adequate protection for the class members is determined by the extent of the injuries and damages suffered, and whether the FLSA rules apply to the parties involved.