Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class
Strategically Limiting Discovery, Resolving Discovery Disputes
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide employment litigators to pursue or object to discovery requests in wage and hour class and collective actions and for dealing with discovery disputes that arise throughout the litigation. The panel will discuss how courts interpret and apply the proportionality doctrine to rein in broad discovery requests in wage and hour cases.
Outline
- Pursuing or objecting to discovery requests in wage and hour collective and class actions
- Before conditional collective or class certification
- After conditional certification of a collective action
- After class certification
- Discovery considerations for summary judgment
- Discovery considerations for trial
- Resolving discovery disputes
Benefits
The panel will review these and other key issues:
- What are the most common discovery challenges counsel face when litigating wage and hour collective and class actions--from initiation through resolution of the case?
- What strategies have been effective in wage and hour collective and class actions for obtaining essential information with the least expense?
- What is the scope of discoverable evidence before and after certification of the putative class, and how can you limit or best manage discovery?
- When drafting discovery requests in wage and hour class and collective actions, what should employment counsel consider to ensure that the requests align with the proportionality standard?
Faculty
Gerald L. Maatman, Jr.
Partner, Chair Class Action Defense Group
Duane Morris
Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most... | Read More
Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.
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Noel P. Tripp
Principal
Jackson Lewis
Mr. Tripp has represented employers in matters pending before federal and state courts and administrative agencies... | Read More
Mr. Tripp has represented employers in matters pending before federal and state courts and administrative agencies covering the entire gamut of employment-related claims. His focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws, and the provision of preventive advice regarding wage law compliance and class action avoidance. He has defended dozens of putative wage-hour class and collective actions, ranging from “white-collar” misclassification actions to claims brought in behalf of hourly employees seeking to recover unpaid minimum, regular and/or overtime wages, amounts unlawfully deducted from wages, unpaid commissions, and gratuities. Mr. Tripp has spoken about wage-and-hour matters to numerous industry and professional associations. He has also served as a mediator for class and collective action cases and co-teaches a seminar on wage issues at Fordham Law School.
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