Rule 68 of the federal rules of civil procedure operates to put plaintiffs suing for damages on a defensive footing. If a defendant wants to shake a poorly financed plaintiff off their attack, then the defendant will make an offer of judgement. In an unpaid overtime case brought under the Fair Labor Standards Act the offer has to include an amount of damages AND an offer to pay the plaintiff's attorneys fees. This damages plus requirement is a function of the mandatory fee shifting required by the FLSA.
The offer has strict time limits and because it is made by letter from defendant's counsel to plaintiff's counsel with varying terms, it can be confusing in its form. Offers are enforced using the principles of contract law and they are often effective.
I hate them.
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