Answer and Defenses to Wage and Hour Class or Collective Action Complaint

Summary

Employers can use this class and collective action answer template to prepare answers and defenses to wage and hour class or collective action complaints. This template includes practical guidance and drafting notes. 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. Employers must file this pleading to preserve their defenses and contest the plaintiffs' allegations and claims in the complaint. For information on hybrid wage and hour class and collective actions, see Hybrid Wage and Hour Section 216(b) FLSA Collective and Rule 23 Class Actions. For information on responses to wage and hour class and collective actions, see Answers, Motions to Dismiss, and Other Potential Responses to Wage and Hour Class and Collective Action Complaints and Defenses to Employment Claims. For a video discussing strategic considerations for deciding how to respond to a wage and hour class and collective action complaint, see Wage and Hour Class and Collective Actions: Complaint Response Video. For additional answer and defense templates concerning wage and hour class action complaints, see Employment Litigation § 11.03. For information on state wage and hour laws, see Wage and Hour State Practice Notes Chart. For state-specific wage and hour defense templates, see the Employment Litigation Defenses column of the Employment Litigation State Expert Forms and Checklists Chart.