There is no single deadline to join a wage and hour class action settlement. Your deadline is the date the judge sets for your case and prints in your class notice. A wage and hour class action settlement is a court-approved deal that resolves pay claims for a group of workers at once.
As set out in the U.S. District Court for the Southern District of California's May 2, 2016 preliminary-approval order, each date comes from that case-specific order, not a fixed law. Check the mailed, emailed, or posted notice right away.
Official resources:
- https://courts.ca.gov/cms/rules/index/three/rule3_769 — Use this primary source to verify the official announcement.
- https://www.law.cornell.edu/rules/frcp/rule_23 — Use this primary source to verify the official announcement.
Table of Contents
- Do you join automatically or sign up?
- Where do you find your exact date?
- Why do wage cases have two tracks?
- What happens if you miss the date?
Do you join automatically or sign up?
A Rule 23 damages case for unpaid wages or overtime usually includes you automatically. You stay in the group and accept the judgment unless you send a timely written request for exclusion. Bricker Graydon reports that automatic-inclusion rule for Rule 23(b)(3) classes. An FLSA collective action works the opposite way.
You become a party plaintiff only by filing affirmative written consent to join, as required by 29 U.S.C. section 216(b). That consent rule appears in the Cornell Legal Information Institute's text of 29 U.S.C. section 216.
Where do you find your exact date?
Start with the class notice itself. Federal Rule 23 requires court approval after a fairness hearing and plain, easily understood notice of member rights and options, according to the Cornell Legal Information Institute's Federal Rules of Civil Procedure Rule 23.
California class settlements follow the same notice-first pattern. Judicial Branch of California Rule 3.769 requires court approval after hearing, with notice of the final-approval hearing given as the court directs. That notice explains the deal, how to object, and how to appear.
Why do wage cases have two tracks?
Many wage disputes pair a Rule 23 class with an FLSA collective action. Typical FLSA claims cover non-exempt workers alleging misclassification, off-the-clock work, improper salary deductions, or unpaid or miscalculated overtime in the defined period, according to Bricker Graydon.
Courts often handle the FLSA track in two stages. Bricker Graydon's overview of FLSA collective actions explains that conditional certification on a modest showing triggers court-authorized opt-in notice with its own joinder cutoff, followed by stricter final certification after discovery. Your Rule 23 opt-out date and your FLSA consent date can differ, so track both.
What happens if you miss the date?
Missing the stated date usually forfeits payment. Staying in binds you to the result, while opting out preserves a separate suit, according to Nisar Law Group and the Federal Judicial Center notice program.
Treat every date in the notice as final. Use the notice to act fast: Put those four dates on your calendar the day the notice arrives.
- confirm whether you must file a claim form or a consent-to-join form
- mark the claim, consent, objection, and opt-out dates
- mail or upload the right form before the listed cutoff
- keep a copy and proof of sending