An Offer of Judgment Should Not Moot a FLSA Collective Action

The United States Supreme Court granted certiorari of a decision by the Third Circuit Court of Appeals, Symczyk v. Genesis HealthCare Corp. , 656 F.3d 189 (3d Cir. 2011) [ an enhanced version of this opinion is available to lexis.com subscribers ]. The Third Circuit in Symczyk held that a collective...

Split U.S. High Court: Individual, Collective Claims Mooted by Judgment Offer

WASHINGTON, D.C. - (Mealey's) Individual and collective claims by the sole named plaintiff in a wage-and-hour collective action were rendered moot once her employer offered judgment in an amount that represented alleged unpaid wages plus attorney fees, costs and expenses under Federal Rule of...