Proposed Changes to Hours and Wage Lawsuits Discovery Process
Court cases regarding wage disputes that are brought up under the Fair Labor Standards Act (FLSA) could see a significant change in the discovery process. For those of you who aren’t lawyers, discovery is a pre-trial procedure where both the plaintiff and defendant obtain evidence from the opposing side. The Federal Judicial Center’s FLSA Protocols Committee, a panel which includes lawyer and judges who work with wage and hours cases associated to FLSA, has developed new protocols to change each party’s initial disclosure requirements called the Initial Discovery Protocols for Fair Labor Standards Act Cases Not Pleaded As Collective Actions. In other words, there are changes coming that would require both sides to share their evidence more speedily.
Time-Sensitive Rules for Employers
If adopted, this would increase the burden on employers to produce documentation related to hours and wages. Employers as defendants would need to provide records related to the plaintiff’s complaints, including time and pay records, time-off earnings and usage, job descriptions, and wage policies. These records would be required within 14 days of the request. While these recommendations have not been adopted by the courts, similar discovery procedures have been adopted by other judges and district courts, so the ground is set and ready for such changes.
Don’t Get Caught Looking
For the average business owner, being able to collect such materials that could include years of data on top of the other stresses associated with a court case, all while running a business, could be a time-consuming and frustrating ordeal. These proposals act as a good reminder for employers to maintain accurate hours and pay records for their employees in a way that is easily accessible. Employers keeping track of employee’s hours worked using manual methods or paper time cards will find themselves struggling to organize their evidence in a timely manner. Time clock software programs offer a more accurate calculation of hours, less time spent preparing for payroll, and faster collection of past time records when requested. Click here to get started with one.