Informer Privilege Shields Employee Statements Made to DOL

Chao v. Raceway Petroleum, Inc., 2008 WL 2064354 (D.N.J. May 14, 2008) – After the DOL brought this action against Raceway for alleged FLSA violations, Raceway sought to compel production of statements given by its current and former employees to the DOL during the government’s investigation.  Although the DOL produced the statements of those employees who testified at deposition, the District Court ruled that statements given by non-testifying employees are protected by the informer privilege.

Note: This article was published in the June 2008 issue of the New Jersey eAuthority.