Baltimore, MD asked in Employment Law for Maryland

Q: Hi there, was wondering if an employee plaintiff could request salary info of other employees in flsa action?

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1 Lawyer Answer

A: It depends. If the pay information is relevant to the plaintiff's claim, then the information is subject to discovery (and will be disclosed). Also, many FLSA actions are filed as collective (or class) actions. Each class member's compensation is likely to be relevant and subject to discovery. But the salary information of an employee unrelated to the claims in the lawsuit is likely to be deemed to be irrelevant and not subject to discovery.

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