Overcoming FLSA Collective Action Discovery Challenges Before and After Conditional Certification of Opt-In Class

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

Conducted on Wednesday, September 17, 2014

Recorded event now available

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Course Materials

This CLE course will provide strategies for employment counsel pursuing discovery in Fair Labor Standards Act (FLSA) collective action lawsuits and for dealing with discovery disputes that arise throughout litigation.


FLSA wage and hour collective actions continue to plague employers on a variety of fronts. FLSA lawsuits are complex and discovery intensive, creating significant expense for employers. Disputes regarding the parameters of discovery are common in FLSA litigation.

Counsel to employers must develop discovery strategies to utilize before and after conditional certification of the opt-in collective class. These strategies should anticipate the possibility of a future summary judgment motion in the case or a trial on the merits.

Listen as our authoritative panel of employment law attorneys explains effective strategies for handling discovery in FLSA collective action lawsuits and for resolving discovery disputes that arise during the course of litigation.



  1. Discovery limitations and strategies for FLSA actions
    1. Before conditional certification
    2. After conditional certification
  2. Discovery considerations for summary judgment
  3. Discovery considerations for trial
  4. Resolving discovery disputes


The panel will review these and other key questions:

  • What are the most common discovery challenges counsel face when litigating FLSA collective action lawsuits—from initiation through resolution of the case?
  • What strategies have been effective for counsel in wage and hour collective action litigation for obtaining essential information in the least expensive manner?
  • What is the scope of evidence that is discoverable before and after conditional certification of the collective class and how can you limit or best manage discovery?


Martucci, William
William C. Martucci

Shook Hardy & Bacon

Mr. Martucci practices exclusively on behalf of management in connection with national employment litigation and policy...  |  Read More

Kristen A. Page
Kristen A. Page

Shook Hardy & Bacon

Ms. Page has extensive experience litigating on behalf of businesses in the areas of discrimination and...  |  Read More

Christine E. Webber
Christine E. Webber

Cohen Milstein Sellers & Toll

Ms. Webber represents plaintiffs in class action employment discrimination and Fair Labor Standards Act cases,...  |  Read More

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