Delgado v. MarketSource, Inc.,

Filing 69

THIRD INTERIM ORDER re 59 Discovery Dispute re PAGA-Related Discovery. MarketSource declaration due by 4:00 PM 5/3/2019. Signed by Magistrate Judge Virginia K. DeMarchi on 5/2/2019. (vkdlc2S, COURT STAFF) (Filed on 5/2/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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RAY DELGADO,
Plaintiff,

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United States District Court
Northern District of California

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Case No.17-cv-07370-LHK (VKD)

v.
MARKETSOURCE, INC.,
Defendant.

THIRD INTERIM ORDER RE
DISCOVERY DISPUTE RE PAGARELATED DISCOVERY
Re: Dkt. Nos. 59, 68

The Court’s second interim order required the parties to discuss a procedure for assessing

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whether the termination and final wage payment data in MarketSource’s records for a given

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terminated employee requires further investigation to determine whether a violation of California

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Labor Code § 201 exists. See Dkt. No. 67. The parties’ supplemental submission in response to

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that order reflects a disagreement in the first instance about what MarketSource’s records show.

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Mr. Delgado says: “Defendant’s payroll register contains earning codes that correlate to the

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purpose of a payment—i.e. wages, bonuses, expense reimbursement.” Dkt. No. 68 at 2.

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MarketSource does not say that its payroll register contains no such codes, but it insists that

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determining when final wages have been paid “requires a manual inquiry” because “[t]he last

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payment to an individual might not have been a wage payment.” Id. at 7. Nevertheless,

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MarketSource appears to have consulted its payroll register with respect to terminated employees

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DH, SB, and KH to reach a conclusion that none of those employees received final wage payments

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after their dates of termination. Id. at 4-5.

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The Court requires a clear answer to the question of what information MarketSource’s

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PeopleSoft system and payroll register does and does not show. For this purpose, the Court is not

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interested in whether that data may include inaccuracies due to data entry error or otherwise.

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Accordingly, MarketSource shall provide a declaration of a knowledgeable corporate

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representative that answers the following questions:

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1. Does MarketSource’s PeopleSoft system include entries for terminated employees’ date
of termination?
2. Does MarketSource’s payroll register include entries reflecting the date final wages
were paid to terminated employees?

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3. Does MarketSource’s payroll register use codes or other indicators reflecting the

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purpose of a payment as “wages” distinct from other forms of payment, such as bonuses or

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expense reimbursements?

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United States District Court
Northern District of California

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4. Can MarketSource query its payroll register to identify the last date on which the
payroll register reflects a payment of “wages” was made, and if not, why not?

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MarketSource must submit this declaration by 4:00pm on May 3, 2019.

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IT IS SO ORDERED.

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Dated: May 2, 2019

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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