Discovery Strategies for Employers in Wage and Hour Class and Collective Actions

Summary

This practice note provides guidance on devising a proactive discovery plan in wage and hour class and collective actions. Discovery in wage and hour class and collective actions requires organization and forethought, particularly in light of the amended federal discovery Rules and the unavoidable prevalence of electronic discovery. Planning ahead while staying flexible as the case or cases evolve will allow you to use most efficiently and effectively the various discovery devices at your disposal. In this regard, you must know from the outset what electronic data is available to your client (as well as the adverse party(ies) and potential third party sources), so that you can shape electronic discovery to best fit your case themes and damages model. Indeed, a smart and well thought out discovery plan not only saves your client money, it allows you to build your case and defenses most effectively so that you may achieve an optimal resolution for your client. The goal of this practice ...