Interrogatories: To Plaintiff in an FLSA Independent Contractor Misclassification Case

This legal template focuses on interrogatories addressed to the plaintiff in a Fair Labor Standards Act (FLSA) independent contractor misclassification case, specifically under the laws of the United States. Interrogatories are a set of written questions that one party (in this case, the defendant) poses to the opposing party (the plaintiff) to gather relevant information and evidence pertaining to the lawsuit.

In an FLSA independent contractor misclassification case, the defendant is disputing the plaintiff's claim that they were misclassified as an independent contractor instead of an employee. Such misclassification may result in the denial of certain employment benefits and protections guaranteed under the FLSA, including minimum wage, overtime pay, and other work-related benefits.

The purpose of this legal template is to assist the defendant's legal counsel in formulating a series of interrogatory questions to gain insight into the plaintiff's position, supporting evidence, and relevant details surrounding the disputed independent contractor classification. These interrogatories may focus on various aspects, which could include:

1. Employment history: Inquiring about the plaintiff's past and present employment arrangements, roles, and responsibilities, with a specific focus on the defendant's organization.
2. Work relationship: Seeking details about the specific nature of the plaintiff's relationship with the defendant, including the terms of the alleged independent contractor agreement, any written contracts, or correspondence.
3. Job duties and control: Requesting information regarding the plaintiff's day-to-day work tasks, supervision, control, and how independence or supervisory authority factors into their role.
4. Compensation: Probing into the plaintiff's compensation structure, payment methods, whether they received overtime pay, and whether they were privy to standard employment benefits.
5. Independent contractor criteria: Identifying factors that the plaintiff believes demonstrate their classification as an independent contractor, potentially exploring elements like control, entrepreneurship, investment, specialized skills, or work freedom.
6. Knowledge of employment laws: Seeking information about the plaintiff's understanding and awareness of FLSA provisions, independent contractor classification, and labor regulations.
7. Evidence and witnesses: Inquiring about any documents, records, emails, or witnesses that the plaintiff intends to rely upon to support their claims or disprove the defendant's position.

By using this template, attorneys can customize and tailor the interrogatories to fit the unique circumstances of the individual FLSA independent contractor misclassification case. These interrogatories will aid the defendant's legal team in gathering relevant information, building their defense, and ultimately supporting their argument that the plaintiff should not be classified as an employee entitled to the protections and benefits under the FLSA.