If you work or worked as a Commercial Account Executive for Datadog, Inc. between December 1, 2022 to December 1, 2025 you may be entitled to a payment from a settlement.
What is this Lawsuit about?
This lawsuit is about whether Commercial Account Executives at Datadog were properly classified as exempt from the overtime laws of the FLSA and the state laws of Massachusetts or Colorado and, as a result, did not receive overtime compensation due to them under those respective laws. Datadog denies these allegations, maintains that its employees were paid properly and denies that anyone is entitled to any damages.
How do I know if I am in the Settlement Class?
You are a Settlement Class Member if you meet the criteria of one of the two following groups:
Collective Members
Commercial Account Executives employed by Defendant in any state other than Colorado or Massachusetts from December 1, 2022 to December 1, 2025.
Commercial Account Executives employed by Defendant in any state other than Colorado or Massachusetts from December 1, 2022 to December 1, 2025.
Class Members
Commercial Account Executives employed by Datadog in Colorado or Massachusetts from December 1, 2022 to December 1, 2025.
Commercial Account Executives employed by Datadog in Colorado or Massachusetts from December 1, 2022 to December 1, 2025.
What does the Settlement provide?
Datadog has agreed to pay up to a maximum of $4,150,000 (the "Settlement Amount") to be allocated among the Combined Class Members and to pay attorneys' fees and costs, service award payments, and the expenses of administering the settlement.
- Collective Members (Not Colorado or Massachusetts): To receive a settlement payment, you must submit a Consent Form.
- Class Members (Colorado and Massachusetts): To receive a settlement payment, you do not need to submit a Consent Form. You are already included unless you choose to exclude yourself from the case.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
COLLECTIVE MEMBERS (Not Colorado or Massachusetts): RIGHTS AND OPTIONS IN THIS SETTLEMENT
| Action | Result |
|---|---|
| SEND IN THE CONSENT TO JOIN FORM AND RELEASE |
Receive a settlement payment. Give up or “release” certain claims. By timely fully completing and submitting the Consent to Join Settlement, Release, and Claim Form, you will receive your estimated settlement payment and release unpaid wage claims against Datadog that are covered by the Settlement. |
| DO NOTHING |
You do not give up any rights; however, you will not receive a settlement payment. If you do nothing and do not send back your Consent to Join Settlement, Release, and Claim Form, you will not receive any settlement payment and will not release any claims. However, the statute of limitations will continue to run on your claim. |
CLASS MEMBERS (Colorado and Massachusetts): RIGHTS AND OPTIONS IN THIS SETTLEMENT
| Action | Result |
|---|---|
| DO NOTHING AND REMAIN IN THE CASE | If you do not take any further action, you will remain part of the case and receive a settlement payment. You will also release all wage and hour claims under state, local, and federal law. |
| EXCLUDE YOURSELF | If you submit a timely exclusion statement, you will not be part of the settlement of this case. You will not receive a payment or recover anything under this settlement, but you will retain any rights you may have related to the claims in this case, subject to the applicable statute of limitations. If you exclude yourself from the settlement, you may not object. |
| OBJECT | If you object to the settlement, you may write to the Court about why you disapprove of the settlement. You may not, however, object to the settlement if you exclude yourself from it. |