Answers, Motions to Dismiss, and Other Potential Responses to Wage and Hour Class and Collective Action Complaints

Summary

This practice note addresses steps and strategies for responding to wage and hour class and collective action complaints. Specifically, this note addresses several options for responding to such complaints—including, inter alia, making a motion to dismiss, filing an answer, asserting affirmative defenses, and making a Rule 68 offer of judgment—and the strategic considerations involved with each.