Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

Strategically Limiting Discovery in the Wake of the 2015 Amendments to Rule 26(b)

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, April 6, 2017
Recorded event now available

This CLE webinar will provide guidance to employment litigators for pursuing or objecting to discovery requests in wage and hour class and collective actions and for dealing with discovery disputes that arise throughout litigation. The panel will discuss how courts are interpreting and applying the 2015 amendments to the Federal Rules of Civil Procedure on proportionality to rein in broad discovery requests in wage and hour cases.


Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates significant expense for employers.

In the wake of the 2015 amendments to Rule 26(b) of the Federal Rules of Civil Procedure, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel’s discovery requests. Drafters are responding by tailoring requests further to anticipate such challenges.

Knowing how to draft discovery requests that are likely to withstand burden and proportionality challenges as well as how to craft objections to broad discovery requests is critical for litigators representing employers in wage and hour class and collective actions. Employment litigators must develop and implement effective discovery strategies both before and, as applicable, after certification of the putative class. These strategies often must anticipate the possibility of a future summary judgment motion, further certification practice and/or trial on the merits.

Listen as our authoritative panel of employment law attorneys explains effective strategies for pursuing or objecting to discovery requests in wage and hour collective and class actions and for resolving discovery disputes that arise during the course of litigation.


  1. Impact of 2015 amendments on discovery in wage and hour collective and class actions
  2. Pursuing or objecting to discovery requests in wage and hour collective and class actions
    1. Before conditional collective or class certification
    2. After conditional certification of a collective action
    3. After class certification
  3. Discovery considerations for summary judgment
  4. Discovery considerations for trial
  5. Resolving discovery disputes


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 in the least expensive manner?
  • What is the scope of evidence that is discoverable 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 considerations should employment counsel take into account to ensure that the requests are in line with the new proportionality standard?


William (Bill) Jhaveri-Weeks, Partner
Goldstein Borgen Dardarian & Ho, Oakland, Calif.

Mr. Jhaveri-Weeks focuses his practice on public interest class actions, including enforcement of employee-protection laws and civil rights laws, as well as appellate law. He is a frequent speaker and author on employment law and class actions. Before representing plaintiffs, he represented companies in high-stakes commercial disputes.

Lisa A. (Lee) Schreter, Shareholder & Co-Chair, Wage and Hour Practice
Littler Mendelson, Atlanta

Ms. Schreter is Co-Chair of the firm’s Wage and Hour Practice Group. She focuses on representing employers in complex class and collective actions involving overtime and other wage-related claims and specializes in helping employers to develop forward-thinking compliance measures that reduce wage and hour disputes and other employment-related issues. Ms. Schreter also represents and counsels management clients in connection with all other types of labor and employment matters arising under federal and state laws.

Noel P. Tripp, Principal
Jackson Lewis, Melville, N.Y.

Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principal focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws.


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