TAMPA, Fla. – Partner Dennis McClelland served as a member of the 10-person committee that developed the new Fair Labor Standards Act (FLSA) protocols to provide a new pretrial procedure for certain FLSA cases.
Published by the Federal Judicial Center, The Initial Discovery Protocols for Fair Labor Standards Act Cases Not Pleaded as Collective Actions (Initial Discovery Protocols) are meant to “encourage the parties and their counsel to exchange information and documents early in the case, help frame the issues to be resolved, and plan for more efficient and targeted discovery.”
The protocols are in the process of being adopted by the U.S. District Court, Southern District of Texas, and it is anticipated that other federal courts will follow.
“The FLSA protocols are alive and well in my court,” commented Chief Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas, Houston Division. “The lawyers tell me they are really helpful. Good lawyers experienced in these cases were exchanging much of this information anyway; the less experienced in employment cases or in federal court practice are enormously benefited by the protocols. I encourage my colleagues to embrace these protocols and experience for themselves how a more efficient process can help the courts and litigants.”