Deposition Questions
(FLSA Minimum Wage Action) (Plaintiff to Defendant)

Summary

This deposition outline and set of deposition questions are for a plaintiff's attorney to ask an employer's witness in an FLSA action for minimum wage violations. This template contains practical guidance and drafting notes. This template is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws and all applicable discovery rules. The deposition questions set forth in this template are only examples. You should tailor them to the allegations in each particular case. You should follow up each question with further inquiry as appropriate. The questions cover on-call work, off-the-clock work, misclassification of nonexempt employees as exempt or as independent contractors, improper pay deductions, and tip credits. The deponent is assumed to be either the employer's manager responsible for complying with minimum wage laws, or the employer's designee under Fed. R. Civ. P. 30(b)(6) on the company's wage and hour policies and practices. For more information on deposing Rule 30(b)(6) employer witnesses in employment cases, see Rule 30(b)(6) Deposition Strategies for Employee-Plaintiffs in Employment Cases, Depositions: Preparing for and Taking a Deposition (Federal), Independent Contractor Tests and Risks of Worker Misclassification, Rule 30(b)(6) Deposition Strategies for Employer-Defendants in Employment Cases, Defending Depositions of Employer Witnesses in an Employment Litigation, and Deposing Plaintiffs in Employment Litigation. For more information on minimum wage law, see Minimum Wage Requirements under the FLSA. For a template, see Notice of Deposition (FRCP Rule 30(b)(6)) (Plaintiff to Defendant). For checklists, see Deposing Employer Witnesses Preparation Checklist. For a collection of resources, see Employment Litigation Discovery Resource Kit and Employment Litigation Process Map: Discovery (Federal). For a full listing of key content covering depositions in employment cases, see Depositions in Employment Cases Resource Kit. [>] Videos. For a video suite on employment litigation depositions, see Depositions of Plaintiff Employees Video, Depositions of Supervisory Witnesses Video, and Depositions under Rule 30(b)(6) in Employment Cases Video.