Datadog Commercial Account Executives employed between December 1, 2022 and December 1, 2025 may qualify to claim a share of the Datadog overtime class and collective action settlement of up to $4.15 million. Those who worked in Colorado or Massachusetts are paid automatically; those in every other state must submit a Consent Form by November 20, 2026.
Current Status
Claims are open. Commercial Account Executives who worked outside Colorado and Massachusetts must submit a Consent Form by November 20, 2026 to be paid. Colorado and Massachusetts employees are included automatically, and November 20, 2026 is also their deadline to opt out or object. The court has already approved the settlement; no payment date has been announced.Free settlement alerts
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What Changed Recently?
Datadog, Inc. agreed to pay up to $4,150,000 to resolve Gallegos v. Datadog, Inc., Index No. 609627/2026, in the Supreme Court of the State of New York, Nassau County. The lawsuit questioned whether Datadog’s Commercial Account Executives were properly classified as exempt from overtime under the federal Fair Labor Standards Act and Colorado and Massachusetts wage law. Datadog denies the allegations and denies that anyone is owed damages.The court granted the unopposed motion to approve the settlement on August 18, 2026, in an order filed September 11, 2026. That order certified the groups below for settlement purposes, approved the notices and distribution plan, and appointed CPT Group as the claims administrator. Notices then went out to employees.
Who Qualifies?
The settlement covers people who worked as Commercial Account Executives for Datadog between December 1, 2022 and December 1, 2025, split into two groups:• Collective Members: Commercial Account Executives employed in any state other than Colorado or Massachusetts. They are paid only if they submit a Consent Form.
• Class Members: Commercial Account Executives employed in Colorado or Massachusetts. They are included automatically unless they opt out.
Both groups are defined by the Commercial Account Executive title in the court’s order; other job titles are not part of either group.
How Much Can You Get?
The settlement website does not publish an average or per-person estimate, and the settlement agreement with the allocation formula is not posted there. What the court order does set is the deductions: attorneys’ fees of one-third of the gross fund (about $1,383,333), $16,210 in out-of-pocket costs plus the filing fees for the approval motion, service awards to the named plaintiffs, and the administrator’s fees. The rest is divided among participating employees under the distribution plan in the agreement.The fund is a maximum. Because only Collective Members who return a Consent Form share in that portion of the money, the amount actually paid out depends on how many employees participate.
What Proof or Notice ID Is Required?
The online Consent Form opens behind a login that asks for a CPT ID and Passcode, both printed on the notice CPT Group sent. That makes the form ID-gated for Collective Members. No pay records or other documents are requested on the website. Colorado and Massachusetts Class Members file nothing.Employees who believe they qualify but did not receive a notice can reach CPT Group through the contact page on the settlement website.
What Is the Deadline?
November 20, 2026 is the deadline for three things: Collective Members to submit a Consent Form, and Colorado and Massachusetts Class Members to opt out or object. The website gives only the date, not a time of day or time zone.How Do You Take Action?
Collective Members submit the Consent Form through the Datadog Settlement Consent Form login using the CPT ID and Passcode from their notice. Colorado and Massachusetts Class Members who want to stay in the settlement do nothing. Opt-out and objection instructions are in the notice and on the official settlement website.What Happens Next?
If no Colorado or Massachusetts Class Member objects and asks to be heard, the court’s approval order serves as the final order once the notice period ends and the administrator reports to the court. If someone does, the court may schedule a hearing. Payments follow the timeline in the settlement agreement; no payment date has been announced.Sources and Verification
• Datadog Settlement official website• Datadog Settlement important dates
• Order Approving Collective and Class Action Settlement (NYSCEF Doc. No. 14)
Questions
Why do Colorado and Massachusetts employees get paid automatically while others must file?
The settlement combines two kinds of claims. Overtime claims under the federal Fair Labor Standards Act can only be pursued by employees who affirmatively opt in, which is what the Consent Form does. Claims under Colorado and Massachusetts wage law were resolved as a class action, where everyone in the class is included unless they opt out.
What happens to an out-of-state Account Executive who does not file a Consent Form?
According to the settlement website, Collective Members who do nothing receive no payment and do not release any claims, but the statute of limitations on those claims keeps running.
Has the court already approved the Datadog settlement?
Yes. The Nassau County Supreme Court granted the motion to approve the settlement on August 18, 2026, in an order filed September 11, 2026. A hearing will be scheduled only if a Colorado or Massachusetts class member objects and asks to be heard; otherwise the approval order becomes the final order after the notice period.
Does the settlement say Datadog broke overtime law?
No. Datadog denies the allegations and denies that anyone is owed damages. The settlement resolves the claims without a finding on whether the job was properly classified as exempt.
