Document Requests
(FLSA Executive Employee Exemption Misclassification Collective Action or Hybrid Collective/Class Action) (Defendant to Plaintiff)

Summary

These Defendant’s Document Requests (FLSA Executive Employee Exemption Misclassification Collective Action or Hybrid Collective/Class Action) will assist a defendant in identifying and drafting requests for production of documents to plaintiffs in an action alleging that an employer misclassified the plaintiffs under the FLSA’s executive employee exemption. This template includes document requests applicable to FLSA collective action or hybrid collective/class action claims. (Most of the requests would also apply to non-class/collective actions as well.) It is intended for private employers. This template is based on federal law and does not address potential state law distinctions for state executive employee exemption tests that may apply in class actions involving state law claims; thus, you should check any relevant state and local laws and rules if your case involves state law claims in addition to the FLSA claims. A request for documents in a case involving state executive employee exemption misclassification claims may require additional document requests to conform with the applicable state executive employee exemption test. These Defendant’s Document Requests (FLSA Executive Employee Exemption Misclassification Collective Action or Hybrid Collective/Class Action) contain drafting notes and alternate clauses. For resources on preparing and responding to fact discovery requests in various types of employment litigation, see Employment Litigation Discovery Resource Kit. For resources on defending against federal wage and hour investigations and claims, see Wage and Hour Claims and Investigations Resource Kit. For information on the FLSA’s executive employee exemption, see White Collar and Sales Exemptions (FLSA) — Executive Employee Exemption and Exempt Status Determination Questionnaire (FLSA). For information on the executive employee exemption under state laws, see the Exempt vs. Non-exempt column of Wage and Hour State Practice Notes Chart. For information on class and collective actions, see the Employment Litigation – Class and Collective Actions practice notes page.