Settlement Agreement
(FLSA Section 216(b) Wage and Hour Collective Action)
Summary
This template is a settlement agreement that is intended for use in settling specific FLSA section 216(b) collective actions. This template includes practical guidance, drafting notes, and alternate and optional clauses. Specifically, this template is intended for use in settling FLSA section 216(b) collective actions both where the court has (1) not yet granted conditional certification of the collective action and (2) already granted conditional certification of the collective action and authorized the sending of notice of the collective action to potential class members. For resources that provide a starting point in preparing for various types of employment litigation, see Employment Litigation Resource Kit. For resources on defending against federal wage and hour investigations and claims, see Wage and Hour Claims and Investigations Resource Kit. See Conditional Collective Action Certification and Decertification Motions under FLSA Section 216(b) and Notice Requirements for FLSA Section 216(b) Collective Actions. This Settlement Agreement (FLSA Section 216(b) Wage and Hour Collective Action) is intended for private employers. For an annotated Fed. R. Civ. P. 23 wage and hour class action settlement agreement, see Settlement Agreement (FRCP Rule 23 Wage and Hour Class Action). For information on resolving class action claims under state wage and hour laws, see Settlements of FRCP Rule 23 Wage and Hour Class Actions. For additional information on resolving FLSA § 216(b) collective action claims, see Settlements of FLSA Section 216(b) Wage and Hour Collective Actions and Settlements and Resolutions of FLSA Claims and Potential FLSA Violations.