Settlement Agreement
(Hybrid Wage and Hour FRCP 23 Class Action and FLSA Section 216(b) Collective Action)

Summary

This template is a settlement agreement that is intended for private employers to use in settling so-called hybrid lawsuits asserting collective action claims under Fair Labor Standards Act (FLSA) section 216(b) and Fed. R. Civ. P. 23 (Rule 23) class action claims under state wage payment laws. This template includes practical guidance, drafting notes, and alternate clauses. This template is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. For more information on settling FLSA collective actions and Rule 23 class actions, see Settlements of FLSA Section 216(b) Wage and Hour Collective Actions and Settlements of FRCP Rule 23 Wage and Hour Class Actions. For non-hybrid wage and hour class and collective action settlement agreements, see Settlement Agreement (FRCP Rule 23 Wage and Hour Class Action) and Settlement Agreement (FLSA Section 216(b) Wage and Hour Collective Action).