Interrogatories
(FLSA Tip Credit / Tip Pooling Action) (Defendant to Plaintiff)

Summary

These Interrogatories (Defendant to Plaintiff) (FLSA Tip Credit / Tip Pooling Action) will assist a defendant in identifying and drafting interrogatories directed to a plaintiff in an action that includes claims that the employer improperly claimed a tip credit and/or improperly pooled tips. This template includes interrogatories for both individual and class / collective action tip credit or tip pooling claims. It is intended for private employers. 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 discovery laws and rules. These Interrogatories (Defendant to Plaintiff) (FLSA Tip Credit / Tip Pooling Action) contain drafting notes and alternate clauses. For resources on employment litigation and discovery, see Employment Litigation Resource Kit and 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 FLSA requirements concerning tipped employees, see Tipped Employees: Best Payment Practices and Notice Requirements. For annotated deposition questions and document requests to a plaintiff concerning FLSA tip credit issues, see Deposition Questions (FLSA Tip Credit / Tip Pooling Action) (Defendant to Plaintiff) and Document Requests (FLSA Tip Credit / Tip Pooling Action) (Defendant to Plaintiff). For an annotated FLSA tip credit notice, see Tip Credit Notice (FLSA). For additional information on tip credits under state law, see the Wage and Hour Requirements column of Wage and Hour State Practice Notes Chart. For information on state tip pooling rules, see Tip Credit and Tip Pooling State Law Survey. For an overview of tipped employees, see Tipped Employees Resource Kit.