Contingency Fee Retainer Agreement
(Employment Class/Collective Action)

Summary

This template is a Contingency Fee Retainer Agreement (Employment Class/Collective Action) that is for use in plaintiff-side class or collective actions for clients who will serve as class representatives. It contains practical guidance and drafting notes. 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. This retainer agreement is meant to address the requirements of class representatives at the class certification stage. The retainer agreement also addresses attorney’s fees in the event that the case settles on an individual, rather than a class, basis. 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 other templates related to the preliminary stages of employment cases, see Case Assessment Checklist (Employment Cases) (Employer), Case Assessment Checklist (Employment Cases) (Plaintiff-Side), Non-engagement Letter to Potential Client (Employment Case), Contingency Retainer Agreement (Individual Employment Case), and Retainer Agreement (Hourly, Plaintiff in Individual Employment Case). For state-specific templates and checklists related to employment litigation, see Employment Litigation State Expert Forms and Checklists Chart.