Who this is for: Anyone who got a letter, email, or text about an FLSA overtime lawsuit and a consent form to join it.

What's going on: In a federal overtime collective action, nobody is in the case unless they sign up. The notice is how you find out you can.

What you can do: Note the return date on the form. Ask questions of the lawyers named on the notice; that's what they're there for.

A court-approved overtime lawsuit notice means you can join the case by signing and returning the consent form within the opt-in period it states.

This page is general information. It is not about any particular case.

What the notice is (court-authorized, not an ad)

The FLSA lets workers sue together, but only if each one opts in: "No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought".¹

Courts can authorize notice so workers learn about the case.² The court stays neutral. A notice doesn't mean the judge thinks the workers are right. A real notice names the court and the case number. You can look the case up.

Many cases carry both claims. More: how collective actions work.

What joining costs you

Overtime cases are usually handled on contingency: no lawyer's fee out of your pocket up front. If the workers win, the court "shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action".¹ Ask the lawyers on the notice how their fees and case costs work. See what an overtime lawyer costs.

When your claim counts as filed

For someone who opts in, the claim counts as filed only "on the subsequent date on which such written consent is filed in the court in which the action was commenced".³ The look-back is two years, three if willful.⁴ The look-back is therefore measured from the date your form is filed.

Can I be fired for joining?

Not legally. It is illegal "to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding".⁵ Remedies include "employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages".¹ See retaliation protections.

Still working there: what to expect

• Your consent is filed in court. Your employer will see it.
• Do your job the way you always have.
• If a manager pressures you about the case, write down what was said and tell the lawyers.
• Don't download company files to build the case. Ask the lawyers what to keep.

I signed an arbitration agreement. Can I still join?

Maybe. Courts in some circuits screen for this before notice goes out. The Fifth Circuit holds that courts "may not send notice to an employee with a valid arbitration agreement unless the record shows that nothing in the agreement would prohibit that employee from participating in the collective action".⁶ The Seventh Circuit puts the burden on the employer to show "by a preponderance of the evidence, the existence of a valid arbitration agreement for each employee it seeks to exclude from receiving notice".⁷

An arbitration agreement doesn't erase your claim. It can change where you bring it. Tell the lawyers about any agreement you signed.

What happens after you opt in

• Your consent is filed, and that filing date fixes the start of your own look-back period.
• You may be asked for pay records, hours, or a short questionnaire. Some opt-ins are picked for written discovery or a deposition.
• The employer may ask the court to split the group back up (decertification).
• If the case settles, courts commonly review the deal before money goes out, because a statutory right “affecting the public interest, may not be waived or released if such waiver or release contravenes the statutory policy.”⁹ The Department of Labor can also supervise payment of what is owed.¹⁰

Questions to ask the lawyers listed on the notice

• What is the return date, and how do I confirm my form was filed?
• Do I owe anything if we lose, including case costs?
• What will I have to do, and how much of my time will it take?
• Does my arbitration agreement or my state matter?
• Do I have state-law claims in addition to the federal claim?

This website contains attorney advertising. Past results do not guarantee future outcomes.

Frequently asked questions

Is the notice a scam?

Check that it names a federal court and a case number, then look up the case. A court-authorized notice comes with a consent form and a date to return it.

Do I have to join?

No. If you don't return the form, you aren't part of the federal claim. You keep whatever rights you had.

What if I already left the company?

Former employees can usually join if they fit the group described in the notice. Your look-back is counted from when your consent is filed.

Will joining cost me money?

Overtime lawyers usually work on contingency, and a losing employer pays the workers' fees.¹ Ask about case costs before you sign.

Can I talk to my own lawyer instead?

Yes. You can get advice from any lawyer before you decide.

Keep reading

• Do nonprofits have to pay overtime?
• Are social workers exempt?
• Service and support coordinators
• Foster care and child welfare caseworkers
• Behavioral health case managers
• Are nurses exempt from overtime?
• Am I misclassified as exempt? The 10-question check
• The 2026 exempt salary threshold
• No tax on overtime for salaried workers
• The learned professional exemption
• What an overtime lawyer costs
• Day-rate overtime: paid by the day isn't a salary
• Signed an arbitration agreement?
• How much is my overtime claim worth?
• Prior authorization nurses

Free, confidential case review: (214) 790-4454.

We take overtime cases on contingency. We advance the costs of the case, and if we recover, those costs are repaid out of the recovery. If we do not recover, you owe us nothing — no attorney's fee and no costs.

Notes

1. 29 U.S.C. § 216(b).
2. Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989).
3. 29 U.S.C. § 256(b).
4. § 255(a).
5. 29 U.S.C. § 215(a)(3).
6. In re JPMorgan Chase &; Co., 916 F.3d 494 (5th Cir. 2019).
7. Bigger v. Facebook, Inc., 947 F.3d 1043 (7th Cir. 2020).
8. See also: Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989) (cited as quoted in In re JPMorgan Chase).
9. Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 704 (1945).
10. 29 U.S.C. § 216(c).