Employer Must Return, Destroy Data DOL Inadvertently Produced In FLSA Lawsuit

Mealey's (August 1, 2022, 8:15 AM EDT) -- CENTRAL ISLIP, N.Y. — An employer being investigated under the Fair Labor Standards Act (FLSA) by the U.S. Department of Labor (DOL) must return or destroy certain electronically stored information (ESI) that was inadvertently provided in response to discovery requests, a New York federal magistrate judge ruled July 28, granting the DOL’s motion for a protective order and finding that the materials were protected by the informants’, attorney-client and deliberative process privileges....