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
Duane Morris
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’... | Read More
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’ experience of 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 & hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, he also helps his clients anticipate large-scale litigations 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. Profiled in The Wall Street Journal, these audits are designed to minimize the incidence of employment-related class action litigation and to maximize management discretion and workplace productivity. Mr. Maatman has served as a legal commentator on PBS, NPR, MSNBC, CNBC and U.S. talk radio, and his comments have appeared in such publications as The Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune and Forbes.
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Noel P. Tripp
Principal
Jackson Lewis
Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state... | Read More
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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