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...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In