In this Fair Labor Standards Act (“FLSA”) action, Plaintiffs assert they were wrongfully denied overtime compensation during a one year period in which they worked as Senior Sales Representatives, also known as “Closers.” In that position, Plaintiffs finalized sales with service providers for advertising on the Angie’s List website and spent a significant portion of their workday on the telephone. Because Defendant did not provide company-issued laptops or cell phones for use outside the office, Plaintiffs often used their personal electronic devices for work purposes. Plaintiffs believe they spent approximately 10–12 hours per day working for Defendant, but were paid based upon an eight-hour day and 40-hour workweek. Defendant now seeks to obtain GPS and location services data from Plaintiffs’ personal cell phones to “construct a detailed and accurate timeline of when Plaintiffs were or were not working.” Plaintiffs object, arguing that the request poses significant privacy concerns and that the GPS data will not accurately portray whether Plaintiffs were working at any given time. Plaintiffs further argue that Defendant has alternative, and far less intrusive, means to identify periods of time when Plaintiffs were working. 

Questions 

1. Why did the court distinguish between a plaintiff truck driver’s request for a defendant employer’s truck’s GPS records and Angie’s List’s request for their employees’ GPS data? 

2. What other discovery requests might help Angie’s List obtain the evidence it was seeking with the GPS data, social media posts, text messages, and so forth of the plaintiffs? Explain. 

3. Should data from health monitors such as Fitbits or pedometers be discoverable in personal injury actions seeking recovery for pain and suffering? Explain.