Settlement Agreement (FRCP Rule 23 Wage and Hour Class Action)
Summary
This template is a settlement agreement for a wage and hour class action under Federal Rule of Civil Procedure 23 (Rule 23) for use in memorializing the settlement of a Rule 23 wage and hour class action suit. This template includes practical guidance, drafting notes, and alternate and optional clauses. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. In drafting settlement agreements for Rule 23 wage and hour class actions, defendant-employers should bear in mind the factors that courts consider in assessing the fairness, reasonableness, and adequacy of a settlement and make sure that they have described how their settlement meets these criteria. To the extent that a case involves both state law wage and hour claims and FLSA claims, the settlement agreement would need to address the "opt-in" procedure applicable to FLSA claims as well as the ...