Discovery Plan
(FRCP Rule 26(f)) (Wage and Hour Collective Action or Hybrid Class/Collective Action)

Summary

This template is a proposed joint discovery plan for a wage-and-hour class and collective action that complies with Federal Rule of Civil Procedure 26(f). It is based on federal law. The drafting notes address discovery issues that may arise in a class/collective action under the Fair Labor Standards Act (FLSA), including bifurcating discovery for merits and damages, and limiting discovery concerning individuals who opt into a collective action. It also addresses discovery issues that may arise in a Federal Rule of Civil Procedure 23 class action based on state law. This template contains optional clauses, as the parties in different cases may negotiate different parameters for discovery. 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 more information on discovery strategies in wage and hour class actions, see Discovery Strategies for Employers in Wage and Hour Class and Collective Actions. For more information on collective/class actions in general, see Answers, Motions to Dismiss, and Other Potential Responses to Wage and Hour Class and Collective Action Complaints, Notice Requirements for FLSA Section 216(b) Collective Actions, Conditional Collective Action Certification and Decertification Motions under FLSA Section 216(b), Settlements of FLSA Section 216(b) Wage and Hour Collective Actions, Opposing Class Certification in Rule 23 Wage and Hour Class Actions, and Notice Requirements for FRCP Rule 23 Wage and Hour Class Actions.