SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
MARISOL FUENTES, DEREK HALLORAN, and YESENIA PADILLA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.
DEFENDANT AURELIUS MEDIA AMERICAS INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS (NOS. 1–62)
PRELIMINARY STATEMENT
Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant") hereby responds to Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla's ("Plaintiffs") First Set of Requests for Production of Documents, Nos. 1 through 62, pursuant to California Code of Civil Procedure sections 2031.210 through 2031.280.
These responses are based on information reasonably available to AMA as of the date of service hereof. AMA's investigation and discovery in this matter are ongoing, and AMA expressly reserves the right to supplement, amend, or correct any response herein as additional information becomes available, including but not limited to information obtained through additional document review, depositions, third-party discovery, and continued investigation. No response herein is intended as a representation that AMA's search for responsive documents is complete in all respects; AMA will continue to conduct reasonable and diligent searches and will produce additional responsive documents as they are identified.
These responses are made without waiver of, and are expressly subject to, all applicable objections, including but not limited to objections based on the attorney-client privilege, the attorney work product doctrine (Cal. Code Civ. Proc. § 2018.010 et seq.), and all other applicable privileges, immunities, and protections. These responses are further subject to and made in accordance with the Stipulated Protective Order entered by the Court on February 15, 2023 (the "Protective Order"), the terms and conditions of which are incorporated herein by reference. Nothing in these responses shall be construed as a waiver of any privilege, protection, or objection, whether or not expressly stated herein.
AMA has conducted a reasonable and diligent search of its files, records, and electronically stored information ("ESI") consistent with the ESI Protocol Stipulation entered by the Court on January 13, 2023 (the "ESI Protocol"). AMA's search for and production of documents and ESI is being conducted in accordance with the ESI Protocol, which governs the format, methodology, scope, and procedures for ESI discovery in this matter. AMA's production is limited to documents from the seven (7) custodians identified in the ESI Protocol Stipulation, specifically:
(1) Lorraine Okafor, Senior Vice President, Human Resources;
(2) Gregory Tanaka, Vice President, Legal & Compliance;
(3) Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc. (third-party custodian);
(4) Jonathan Mercer, President, Aurelius Media Americas Inc.;
(5) Celine Arroyo, Director of Production Operations;
(6) Dwayne Prescott, Vice President of Unscripted Programming; and
(7) Karen Fong, Payroll Manager.
AMA reserves all rights to object to any expansion of the custodian list beyond the seven custodians identified above, absent a showing of good cause and in compliance with the procedures set forth in the ESI Protocol.
GENERAL OBJECTIONS
The following General Objections are incorporated by reference into each of AMA's individual responses to Requests for Production Nos. 1 through 62 as though fully set forth therein. The assertion of a General Objection in a particular response does not imply that other General Objections are inapplicable; rather, AMA incorporates all General Objections into each response, whether or not specifically referenced.
General Objection No. 1 — Attorney-Client Privilege and Work Product Doctrine. AMA objects to each Request for Production to the extent it calls for or would require the disclosure of documents, communications, or information protected by the attorney-client privilege, the attorney work product doctrine (Cal. Code Civ. Proc. § 2018.010 et seq.), or any other applicable privilege, immunity, or protection recognized under California or federal law. AMA will not produce any privileged or protected documents. To the extent AMA identifies documents withheld on the basis of privilege or work product protection, AMA will provide a privilege log on a rolling basis, in accordance with California Code of Civil Procedure section 2031.240(c)(1), identifying each withheld document with sufficient information to evaluate the claimed privilege without revealing the privileged content.
General Objection No. 2 — Overbreadth. AMA objects to each Request for Production to the extent it is overly broad in scope, time, or subject matter and is not reasonably calculated to lead to the discovery of admissible evidence, or is disproportionate to the needs of this case in light of the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit, as required by California Code of Civil Procedure section 2017.020. AMA will construe overbroad requests in a reasonable manner and will produce documents responsive to a reasonable construction of each request.
General Objection No. 3 — Undue Burden and Expense. AMA objects to each Request for Production to the extent compliance would impose undue burden, expense, or oppression upon AMA, particularly in light of the volume and scope of AMA's operations during the putative Class Period. AMA employed approximately 2,400 California-based employees at any given time during the Class Period, operating across seven (7) production facilities and fourteen (14) distinct show units over a class period of approximately five (5) years (November 1, 2018 to the present). Compliance with certain requests as drafted would require the compilation, review, processing, and production of millions of records and documents, which would impose costs and burdens disproportionate to the needs of this case. AMA will endeavor to produce responsive documents in a reasonable and proportionate manner, consistent with the ESI Protocol.
General Objection No. 4 — Confidentiality and Trade Secret Protection. AMA objects to each Request for Production to the extent it seeks disclosure of trade secrets, proprietary business information, competitively sensitive data, or confidential personnel information. AMA will produce documents containing such information only as permitted under the Stipulated Protective Order entered by the Court on February 15, 2023. Documents containing confidential information will be designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" as appropriate under the terms of the Protective Order. AMA reserves the right to challenge the designation of any document and to seek additional protections from the Court if necessary.
General Objection No. 5 — Third-Party Privacy. AMA objects to each Request for Production to the extent it seeks personally identifiable information ("PII") of non-party employees, putative class members, or other third parties, including but not limited to Social Security numbers, home addresses, dates of birth, financial account information, medical records, and other sensitive personal data, except to the extent such information is necessary and relevant to the claims and defenses in this action and is subject to appropriate protections under the Protective Order and applicable law. AMA will redact or anonymize PII of non-parties where appropriate and consistent with the reasonable needs of discovery.
General Objection No. 6 — ESI Protocol. AMA objects to any Request for Production to the extent it seeks the production of electronically stored information in a manner inconsistent with the ESI Protocol Stipulation entered by the Court on January 13, 2023. AMA's search for, processing of, and production of ESI will be conducted in accordance with the ESI Protocol, which governs, among other things: (a) production format (native format for spreadsheets, databases, and structured data; image format with extracted text and metadata for emails and other documents); (b) search methodology (keyword searches supplemented by targeted custodial review); (c) de-duplication procedures; (d) privilege logging procedures; and (e) clawback provisions for inadvertently produced privileged documents. AMA will not produce ESI in formats or through methodologies inconsistent with the ESI Protocol absent further agreement or Court order.
General Objection No. 7 — Vagueness and Ambiguity. AMA objects to each Request for Production to the extent it contains terms or phrases that are vague, ambiguous, or undefined, rendering the request susceptible to multiple reasonable interpretations. AMA will interpret such terms reasonably and in good faith, consistent with the definitions and instructions provided in Plaintiffs' discovery requests and with ordinary usage in the context of this litigation. AMA reserves the right to seek clarification of any ambiguous request through the meet-and-confer process before producing documents.
General Objection No. 8 — "All Documents" and "Any and All" Formulations. AMA objects to each Request for Production that uses the phrases "all documents," "any and all documents," "each and every document," or similar formulations as overbroad and unduly burdensome. AMA interprets such requests as calling for the production of non-privileged, responsive documents that are within AMA's possession, custody, or control and that are reasonably identified through a reasonable and diligent search of the files of the seven (7) identified custodians, consistent with the ESI Protocol. AMA does not represent that it has produced, or will produce, every document in existence that could conceivably fall within the scope of any such request.
General Objection No. 9 — Custodian Limitation. AMA objects to any Request for Production that is not limited to the seven (7) custodians identified in the ESI Protocol Stipulation. AMA will conduct its search for responsive documents within the files, records, and ESI of those seven custodians, unless a specific and reasonable basis for expanding the custodian list is established through the meet-and-confer process or by Court order. Requests that purport to seek documents from "any AMA employee" or that otherwise extend beyond the identified custodians are objected to as overbroad and unduly burdensome.
General Objection No. 10 — Time Period. AMA objects to any Request for Production that extends beyond the putative Class Period (November 1, 2018 to the present) as overbroad, unless documents from an earlier or later period are specifically relevant to the claims or defenses in this action and proportional to the needs of the case. AMA will limit its search to documents created, sent, or received during the Class Period unless a specific and reasonable basis for a different time frame is established.
INDIVIDUAL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 1–62
CATEGORY 1: TIMEKEEPING RECORDS AND SYSTEMS (RFP NOS. 1–10)
REQUEST FOR PRODUCTION NO. 1:
All documents relating to AMA's timekeeping policies, systems, and procedures in effect at any time during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 1, 2, 4, and 8. AMA specifically objects to the phrase "relating to" as overbroad and vague, as it could be construed to encompass all documents that mention, reference, discuss, analyze, evaluate, critique, or tangentially address any aspect of AMA's timekeeping policies, systems, or procedures, including privileged communications between AMA and its legal counsel concerning the evaluation, revision, or legal adequacy of AMA's timekeeping systems and policies. AMA further objects to the extent this request is duplicative of other requests in this set that seek specific categories of timekeeping documents (e.g., RFP Nos. 2, 3, 4, 9, and 10). AMA will interpret this request to seek AMA's formal timekeeping policies, system documentation, and procedural documents distributed to employees during the Class Period.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce non-privileged, responsive documents, including but not limited to the following categories of documents:
(a) AMA's written timekeeping policy as set forth in the Employee Handbook, including all versions of the handbook in effect during the Class Period (most recently revised March 2021);
(b) The NovaPay Solutions TimeTrack Pro system description and user documentation provided to AMA by NovaPay Solutions Inc. in connection with the system implementation;
(c) System implementation records from January 1, 2019, the date of AMA's engagement of NovaPay Solutions Inc. for timekeeping and payroll services; and
(d) Any written communications, memoranda, bulletins, or notices regarding timekeeping policy distributed to non-exempt employees during the Class Period, including but not limited to instructions regarding clock-in and clock-out procedures.
PRODUCTION: Documents responsive to this request will be produced as Bates-stamped images with extracted text and metadata, in accordance with the ESI Protocol. Documents containing confidential business or personnel information will be designated CONFIDENTIAL under the Protective Order.
REQUEST FOR PRODUCTION NO. 2:
All documents relating to the NovaPay Solutions "TimeTrack Pro" electronic timekeeping system used by AMA, including configuration records, user manuals, system settings, and any modifications to system settings during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, 4, and 9. AMA further objects on the grounds that certain configuration records, technical specifications, user manuals, and system setting documentation are in the possession, custody, or control of NovaPay Solutions Inc. ("NovaPay"), a third-party entity, and are not in the possession, custody, or control of AMA. AMA notes that Plaintiffs have issued a separate third-party subpoena to NovaPay Solutions Inc. (served February 8, 2023) seeking such records. AMA will produce records in its own possession, custody, or control but directs Plaintiffs to NovaPay Solutions for records maintained exclusively by NovaPay, including detailed system architecture documentation, source code, and backend server logs. AMA further objects to the extent "any modifications to system settings" could encompass routine system updates, patches, and maintenance activities performed by NovaPay that do not affect the substantive operation of AMA's timekeeping practices.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce system configuration records in its possession, custody, or control, including but not limited to settings for the automatic meal period deduction threshold, the Missed Meal Attestation feature activation status by facility, rounding rules (if any), and overtime calculation parameters. AMA is coordinating with NovaPay Solutions (Marcus Yee, Director of Client Data Services) regarding the identification and production of additional technical records that may be in NovaPay's exclusive possession. AMA anticipates that supplemental production of NovaPay-maintained records will be made on a rolling basis as they are obtained and reviewed.
PRODUCTION: Configuration records and system settings will be produced in native format (CSV and/or database extracts) per the ESI Protocol. User manuals and narrative documentation will be produced as Bates-stamped images.
REQUEST FOR PRODUCTION NO. 3:
All documents relating to the automatic meal period deduction feature in the TimeTrack Pro system, including the configuration of the deduction threshold, the amount deducted, and any changes to these settings during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2 and 3.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce responsive documents reflecting the configuration and operation of the automatic meal period deduction feature in the NovaPay TimeTrack Pro system. Based on AMA's investigation to date, the responsive documents will show the following:
(a) The automatic meal period deduction feature was configured to automatically deduct thirty (30) minutes of unpaid time from the recorded work hours of non-exempt employees for shifts of six (6) hours or more. This configuration was in effect from the January 2019 system rollout until December 2022, when the threshold was corrected to five (5) hours in accordance with California Labor Code section 512(a);
(b) The automatic deduction was applied at the sixth hour of the shift (i.e., the system deducted thirty minutes from an employee's recorded hours when the total shift length reached or exceeded six hours), regardless of whether the employee affirmatively indicated that a meal period was taken;
(c) No automatic second meal period deduction was configured for shifts exceeding ten (10) hours at any time during the Class Period; and
(d) The December 2022 correction to the auto-deduction threshold was implemented at all seven (7) AMA California facilities simultaneously.
Documents responsive to this request will include NovaPay system configuration logs, internal correspondence between Karen Fong (Payroll Manager) and NovaPay regarding the auto-deduction settings, and any internal memoranda discussing the auto-deduction configuration.
REQUEST FOR PRODUCTION NO. 4:
All documents relating to the "Missed Meal Attestation" feature in the TimeTrack Pro system, including records showing when and where this feature was activated or deactivated at each AMA facility.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2 and 3.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce responsive documents, including activation and deactivation logs and internal correspondence regarding the Missed Meal Attestation feature. Based on AMA's investigation to date, the responsive documents will show the following:
(a) The Missed Meal Attestation feature was activated at Facility 1 (West Hollywood headquarters, 8500 Sunset Boulevard), Facility 3 (Sherman Oaks, 15301 Ventura Boulevard), Facility 5 (Hollywood, 1438 North Gower Street), and Facility 6 (Santa Monica, 2120 Colorado Avenue) at the time of the January 2019 TimeTrack Pro system rollout;
(b) The Missed Meal Attestation feature was not activated at Facility 2 (Studio City, 4024 Penmark Strategy Partners Avenue), Facility 4 (Burbank, 3800 West Alameda Avenue), and Facility 7 (El Segundo, 888 North Sepulveda Boulevard) at the time of the system rollout, and was not activated at those three facilities until December 2022; and
(c) During the period from January 2019 through December 2022, non-exempt employees at Facilities 2, 4, and 7 were subject to the automatic meal period deduction without the ability to use the Missed Meal Attestation feature to report that a meal period had been missed, shortened, or interrupted.
AMA will also produce any internal correspondence, memoranda, or communications regarding the activation status of the Missed Meal Attestation feature, the reasons for the differing activation status across facilities, and any discussions about activating the feature at Facilities 2, 4, and 7 prior to December 2022. AMA acknowledges that supplemental responses to this request may be provided as AMA continues its investigation into the activation history and the circumstances surrounding the initial configuration decisions.
REQUEST FOR PRODUCTION NO. 5:
All clock-in and clock-out records for non-exempt, hourly employees of AMA at all California facilities during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5. AMA further objects that complete time punch data for approximately 1,850 non-exempt employees over a five-year class period comprises an estimated twelve (12) million individual punch records. AMA objects to the extent this request is disproportionate to the needs of the case if Plaintiffs seek all raw punch data in an unstructured or non-machine-readable format, as the compilation and production of such data in an unstructured format would impose extraordinary burden and expense without corresponding benefit to the parties or the Court. AMA notes that the production of structured data extracts, as contemplated by the ESI Protocol, will provide Plaintiffs with all relevant punch data in a format that is both usable and efficient.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce clock-in and clock-out records (time punch data) extracted from the NovaPay TimeTrack Pro system for all non-exempt, hourly California employees during the Class Period. The data will be produced in a structured database format (CSV or tab-delimited text file) per the ESI Protocol, and will include, at a minimum, the following fields: employee identification number, date, clock-in time, clock-out time, shift duration, meal period start time (if recorded), meal period end time (if recorded), facility code, and show unit code (where applicable). AMA is coordinating the data extraction with NovaPay Solutions and anticipates that production will be made on a rolling basis, with the initial production expected within sixty (60) days of the date of these responses.
PRODUCTION: Database extract designated CONFIDENTIAL under the Protective Order. Estimated volume: approximately twelve (12) million records.
REQUEST FOR PRODUCTION NO. 6:
All records reflecting the use of the Missed Meal Attestation feature by AMA employees, including dates, times, employee identification, and facility location.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 3 and 5.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce attestation records from the NovaPay TimeTrack Pro system reflecting all instances in which the Missed Meal Attestation feature was used by AMA employees at all facilities where the feature was activated during the Class Period (i.e., Facilities 1, 3, 5, and 6 from January 2019 through the present; and Facilities 2, 4, and 7 from December 2022 through the present). The produced data will include, at a minimum, the following fields: employee identification number, date of attestation, time of attestation, facility code, and the content of the attestation response (e.g., whether the employee indicated that a meal period was missed, shortened, or voluntarily waived). AMA is coordinating the extraction of this data with NovaPay Solutions and anticipates production on a rolling basis consistent with the timeline set forth in response to RFP No. 5.
REQUEST FOR PRODUCTION NO. 7:
All documents relating to AMA's meal period deduction and/or premium payment records, including records showing meal period premiums paid to employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce payroll records reflecting meal period premium payments made to non-exempt California employees during the Class Period. These records will be extracted from the NovaPay payroll system and will include, at a minimum, the following fields: employee identification number, pay period, meal period premium hours (if applicable), meal period premium amount paid, and pay code. AMA will also produce any aggregate reports, summaries, or analyses of meal period premium payments by facility and pay period, to the extent such reports or summaries exist within the custodial files of Karen Fong (Payroll Manager) or Lorraine Okafor (SVP, Human Resources).
REQUEST FOR PRODUCTION NO. 8:
All documents relating to rest period premiums paid to non-exempt California employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2 and 3. AMA notes that rest periods are paid time under California law and are not separately tracked or recorded in the NovaPay TimeTrack Pro timekeeping system. AMA does not maintain separate timekeeping records showing when rest periods were taken, as rest periods are not subject to clock-in/clock-out requirements. Rest period premium payments, if any, are reflected in payroll records as a separate pay code.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce payroll records reflecting rest period premium payments, if any, made to non-exempt California employees during the Class Period. These records will be included in the payroll data extract produced in response to RFP No. 11 and will be identifiable by the applicable pay code for rest period premiums.
REQUEST FOR PRODUCTION NO. 9:
All documents relating to the transition from AMA's prior timekeeping system (manual timesheets) to the NovaPay TimeTrack Pro system, including implementation schedules, configuration decisions, and communications regarding the transition.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 1, 2, 8, and 9. AMA specifically objects to the extent this request seeks communications between AMA and its legal counsel, including in-house counsel Gregory Tanaka, regarding the legal adequacy, compliance implications, or legal risks associated with the TimeTrack Pro system configuration, including the auto-deduction feature and the Missed Meal Attestation feature. Such communications are protected by the attorney-client privilege and/or the attorney work product doctrine. AMA will identify any withheld privileged documents on its privilege log.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce non-privileged documents relating to the January 2019 transition from the manual timesheet system to the NovaPay TimeTrack Pro system, including but not limited to implementation timelines, project plans, configuration checklists, system acceptance testing records, and internal communications between Karen Fong (Payroll Manager), Lorraine Okafor (SVP, Human Resources), and NovaPay Solutions (Marcus Yee) regarding the system rollout, configuration decisions, and facility-by-facility implementation schedule. AMA will also produce any written communications to employees regarding the transition to the new timekeeping system.
REQUEST FOR PRODUCTION NO. 10:
All documents reflecting edits, overrides, or manual adjustments to timekeeping records for non-exempt California employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce audit logs from the NovaPay TimeTrack Pro system reflecting supervisor overrides, manual adjustments, and time edits for non-exempt California employees during the Class Period, to the extent such audit logs are maintained by the system and are reasonably accessible without undue burden or expense. AMA notes that the TimeTrack Pro system maintains an audit trail of time record modifications, which typically includes the date and time of the modification, the identity of the user who made the modification, the original value, and the modified value. AMA is coordinating the extraction of audit log data with NovaPay Solutions and anticipates production on a rolling basis.
CATEGORY 2: PAYROLL RECORDS (RFP NOS. 11–17)
REQUEST FOR PRODUCTION NO. 11:
All payroll records for non-exempt, hourly employees of AMA in California during the Class Period, including gross wages, overtime wages, and deductions.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5. AMA further objects that this request, as drafted, encompasses approximately 156,000 individual pay stubs (based on approximately 1,850 non-exempt employees multiplied by approximately 84 biweekly pay periods during the Class Period). Production of individual pay stubs in image format would be disproportionately burdensome in terms of document processing, Bates-stamping, review for privilege and redaction, and the resulting volume of production. AMA submits that the production of payroll summary data in a structured database format will provide Plaintiffs with all of the information contained in individual pay stubs in a format that is more usable, searchable, and efficient for class-wide analysis.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce payroll summary data for all non-exempt California employees during the Class Period, extracted from the NovaPay payroll system. The payroll summary data will include, at a minimum, the following fields for each employee and each pay period: employee identification number, pay period start date, pay period end date, gross wages, regular hours worked, regular hourly rate, overtime hours worked (daily and weekly), overtime wages paid, double-time hours worked (if applicable), double-time wages paid (if applicable), meal period premium hours, meal period premium amount, rest period premium hours (if applicable), rest period premium amount (if applicable), total deductions, net wages, and check date. The data will be produced in CSV format per the ESI Protocol.
With respect to individual wage statements (pay stubs), AMA will produce complete pay stubs for each of the three named plaintiffs (Fuentes, Halloran, and Padilla) for their entire periods of employment during the Class Period. AMA will produce additional individual pay stubs for specifically identified employees upon reasonable request by Plaintiffs' counsel, on a sample basis or as otherwise agreed through the meet-and-confer process.
REQUEST FOR PRODUCTION NO. 12:
All documents reflecting overtime hours worked and overtime compensation paid to non-exempt California employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2 and 3. AMA further objects that this request is substantially duplicative of and subsumed within RFP No. 11, which seeks all payroll records including overtime wages. The payroll summary data produced in response to RFP No. 11 will include overtime hours worked and overtime compensation paid for each employee and each pay period.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA refers Plaintiffs to AMA's response to RFP No. 11. The payroll summary database produced in response to RFP No. 11 will contain all data fields necessary to identify overtime hours worked and overtime compensation paid during the Class Period, including daily overtime, weekly overtime, and double-time, to the extent such categories are tracked separately in the payroll system.
REQUEST FOR PRODUCTION NO. 13:
All wage statements (pay stubs) issued to non-exempt California employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5. AMA reasserts the objection stated in response to RFP No. 11 regarding the volume and proportionality of producing approximately 156,000 individual pay stubs in image format. AMA submits that individual pay stubs for all putative class members are not necessary at this stage of the litigation and that the payroll summary database will provide all substantive information contained in individual wage statements.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce sample wage statements for each named plaintiff — Marisol Fuentes, Derek Halloran, and Yesenia Padilla — covering their respective periods of employment during the Class Period. In addition, AMA will provide the payroll summary data described in response to RFP No. 11, which contains the substantive data from individual wage statements in a structured, searchable format. AMA will produce additional individual wage statements for specifically identified employees upon specific, reasonable request by Plaintiffs' counsel.
REQUEST FOR PRODUCTION NO. 14:
All documents reflecting the configuration and settings of AMA's payroll system as they relate to the calculation of meal period premiums, rest period premiums, overtime, and minimum wage compliance.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2 and 4. AMA notes that certain payroll system configuration settings are proprietary to NovaPay Solutions Inc. and may be subject to NovaPay's own confidentiality restrictions.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce NovaPay payroll system configuration records related to the calculation of meal period premiums, rest period premiums, overtime (including daily overtime, weekly overtime, and seventh-day overtime), and minimum wage compliance settings. These records will include payroll calculation rules, pay code definitions, premium calculation formulas, and any system settings governing the automatic computation of premium payments. AMA notes that supplemental responses to this request may be provided as additional configuration records are obtained from NovaPay Solutions through AMA's ongoing coordination with NovaPay.
REQUEST FOR PRODUCTION NO. 15:
All documents reflecting final pay calculations and payments to separated non-exempt California employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5. AMA objects that this request, to the extent it seeks final pay records for all separated non-exempt employees during a five-year Class Period, encompasses a substantial volume of records.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce records of final pay calculations for separated non-exempt California employees during the Class Period. The produced data will include, at a minimum, the following fields: employee identification number, date of separation, reason for separation (voluntary/involuntary), date of final paycheck issuance, final paycheck amount, and whether accrued but unused vacation/PTO was paid out at separation. The data will be produced in a structured data format (CSV) per the ESI Protocol.
REQUEST FOR PRODUCTION NO. 16:
All documents reflecting employee classifications (exempt vs. non-exempt) for California employees during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2 and 5.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce employee classification data from AMA's human resources information system ("HRIS") showing, at a minimum, the following fields for all California employees during the Class Period: employee identification number, employee name (to be anonymized for non-party employees where appropriate under the Protective Order), job title, FLSA classification status (exempt or non-exempt), California classification status, facility assignment, show unit assignment (where applicable), and effective dates for any classification changes during the Class Period.
REQUEST FOR PRODUCTION NO. 17:
All documents reflecting hourly rates of pay for non-exempt California employees during the Class Period, including any rate changes.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 5.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce hourly rate data from the NovaPay payroll system, including rate history reflecting all changes in hourly rate during the Class Period, for all non-exempt California employees. The data will include, at a minimum: employee identification number, effective date of each hourly rate, hourly rate amount, and reason for rate change (e.g., annual increase, promotion, minimum wage adjustment), to the extent such reasons are recorded in the system. The data will be produced in CSV format per the ESI Protocol.
CATEGORY 3: POLICIES, HANDBOOKS, AND TRAINING MATERIALS (RFP NOS. 18–28)
REQUEST FOR PRODUCTION NO. 18:
All versions of AMA's employee handbook in effect during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objection No. 2, to the extent "all versions" could be interpreted to require production of every draft, preliminary iteration, or internal working copy of the handbook that was never distributed to employees. AMA will produce each materially different version of the Employee Handbook that was finalized and distributed to AMA employees during the Class Period.
RESPONSE:
Subject to and without waiving the foregoing objection, AMA will produce all versions of the AMA Employee Handbook in effect during the Class Period. AMA's current Employee Handbook was most recently revised in March 2021. Based on AMA's review to date, AMA has identified the following versions of the handbook in effect during the Class Period: (a) the version effective prior to January 1, 2019; (b) the version revised and distributed in connection with the January 2019 NovaPay TimeTrack Pro system rollout; and (c) the version revised in March 2021. AMA will produce any additional versions identified through its ongoing document review.
REQUEST FOR PRODUCTION NO. 19:
All written policies, procedures, or memoranda relating to meal periods for non-exempt employees in California, in effect at any time during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objection No. 2.
RESPONSE:
Subject to and without waiving the foregoing objection, AMA will produce its written Meal and Rest Break Policy (effective January 1, 2019, and any prior versions in effect during the Class Period), relevant sections of the Employee Handbook (including but not limited to Sections 4.3 (Meal Periods), 4.4 (Rest Periods), and 4.7 (Recording of Hours Worked)), and any supplemental memoranda, bulletins, or notices distributed to employees regarding meal period requirements, scheduling, or compliance during the Class Period. AMA will also produce any posted workplace notices regarding meal period rights, to the extent such notices are preserved in AMA's records.
REQUEST FOR PRODUCTION NO. 20:
All written policies, procedures, or memoranda relating to rest periods for non-exempt employees in California, in effect at any time during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objection No. 2.
RESPONSE:
Subject to and without waiving the foregoing objection, AMA will produce responsive documents relating to rest period policies and procedures. AMA notes that its meal period and rest period policies are contained in the same documents, and accordingly, the materials identified and produced in response to RFP No. 19 are substantially inclusive of the responsive documents for this request. AMA will produce any additional standalone rest period policies, memoranda, or notices identified through its document review.
REQUEST FOR PRODUCTION NO. 21:
All written policies, procedures, or memoranda relating to overtime compensation for non-exempt employees in California, in effect at any time during the Class Period.
OBJECTIONS:
AMA incorporates by reference General Objection No. 2.
RESPONSE:
Subject to and without waiving the foregoing objection, AMA will produce the relevant sections of the Employee Handbook addressing overtime compensation (including daily overtime, weekly overtime, seventh-day overtime, and double-time provisions), as well as any standalone overtime policies, memoranda, bulletins, or notices distributed to employees or supervisors regarding overtime requirements during the Class Period.
REQUEST FOR PRODUCTION NO. 22:
All written policies, procedures, or memoranda relating to the recording of hours worked, including instructions regarding clock-in and clock-out procedures.
OBJECTIONS:
AMA incorporates by reference General Objection No. 2.
RESPONSE:
Subject to and without waiving the foregoing objection, AMA will produce the timekeeping policy sections of the Employee Handbook, including but not limited to Section 4.7 (Recording of Hours Worked); any NovaPay TimeTrack Pro user instructions or quick-start guides distributed to employees in connection with the January 2019 system rollout or new-hire onboarding; and any posted instructions at time clock terminals or kiosks regarding clock-in and clock-out procedures, pre-shift and post-shift time recording, and the process for reporting missed punches or timekeeping errors.
REQUEST FOR PRODUCTION NO. 23:
All training materials, presentations, guides, or instructional documents provided to non-exempt employees regarding meal period, rest period, and overtime policies.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, and 8. AMA objects to the extent "all training materials" is construed to include every informal communication, verbal instruction, or ad hoc guidance ever provided to any non-exempt employee regarding meal periods, rest periods, or overtime, as such an interpretation would be impossible to comply with and unduly burdensome.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce all formal training materials in its possession, custody, or control relating to wage-and-hour compliance for non-exempt employees, including but not limited to onboarding materials, new-hire orientation presentations, and written training guides addressing meal period rights, rest period rights, overtime policies, and timekeeping procedures. AMA notes that its preliminary review has not identified formal, written training materials specifically regarding the NovaPay TimeTrack Pro Missed Meal Attestation feature. AMA's practice was to train employees on the TimeTrack Pro time clock system through supervisor-led, informal instruction during the onboarding process, supplemented by the written user instructions produced in response to RFP No. 22. AMA will continue its search for any additional training materials and will supplement this response if further responsive documents are identified.
REQUEST FOR PRODUCTION NO. 24:
All training materials, presentations, or guides provided to supervisors, managers, Unit Production Managers, or Line Producers regarding their obligations to schedule and provide meal and rest periods.
OBJECTIONS:
AMA incorporates by reference General Objections Nos. 2, 3, 8, and 9. AMA objects to the extent this request extends beyond the custodial files of the seven identified custodians and seeks documents from every individual supervisor, manager, UPM, or Line Producer who may have received training materials at any point during the Class Period.
RESPONSE:
Subject to and without waiving the foregoing objections, AMA will produce responsive materials, including any supervisor training documents, management compliance guides, production compliance bulletins, and written instructions regarding the scheduling and provision of meal and rest periods. AMA's search for responsive documents will be conducted within the custodial files of Lorraine Okafor (SVP, Human Resources) and Celine Arroyo (Director of Production Operations), who are the custodians most likely to possess such materials. AMA will also search the files of Dwayne Prescott (VP of Unscripted Programming) for any division-specific training materials.
REQUEST FOR PRODUCTION NO. 25:
All documents reflecting employee acknowledgments of receipt of AMA's employee handbook, meal and rest break policies, or timekeeping policies during the Class Period.