Burgard v. International Business Machines Corporation

Background

The opinion is a short order addressing a request for a pre-motion discovery conference. Burgard and eight opt-in plaintiffs claim that they were not paid for all overtime worked under the Fair Labor Standards Act and New York law. IBM asserts, among other defenses, that the plaintiffs may be exempt from overtime requirements.

The parties had met and corresponded about discovery disputes but reached an impasse on two issues. IBM sought documents describing the plaintiffs’ job duties, including resumes, cover letters, and job applications submitted to later employers. IBM argued that these materials could bear on the administrative exemption, which depends in part on employees’ duties, including whether their work involved general business operations and discretion and independent judgment.

IBM also sought documents reflecting periods during scheduled work hours when the plaintiffs were not performing work. IBM argued that such materials could help determine whether the plaintiffs took noncompensable breaks or spent time on personal matters, particularly while working remotely. The plaintiffs opposed both requests. They argued that IBM had treated them as non-exempt, that the case concerns unpaid off-the-clock work rather than employee classification, and that the requests for messages, emails, social-media records, and phone logs were excessively broad and burdensome.

Court’s Action

The court granted the application. It ordered an in-person discovery conference on January 23, 2025, at 4:00 p.m., at the White Plains courthouse. The court stated that it would separately tell the parties which courtroom to use. Judge Philip M. Halpern’s order did not grant or deny either side’s discovery requests and did not decide the overtime claims.