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Labor/Employment

Jul. 25, 2002

Discovery in Overtime Class Actions Often Is Prevented Before Certification

The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification sounds inconceivable. But that can occur sometimes in a collective class action for unpaid overtime wages under the Fair Labor Standards Act of 1938.

Aashish Y. Desai

Desai Law Firm PC

3200 Bristol Street #650
Costa Mesa , CA 92626

Phone: (949) 614-5830

Fax: (949) 271-4190

Email: aashish@desai-law.com

University of Houston Law Center; Houston TX

The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification sounds inconceivable. But that can occur sometimes in a collective class action for unpaid overtime wages under the Fair Labor Standards Act of 1938.

Since the majority of these actions are filed in - or removed to - federal court, the Federal Rules of Civil Procedure apply. Under Rule 26(f), no discovery may be conducted before the initial meeting of counse...

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