SCOTUS Grants Cert. in FLSA "Pick Off" Case - COTW #99

The Supreme Court recently granted certiorari in Genesis HealthCare Corp. v. Symczyk and it's the employment law Case of the Week! You can read the 3d Circuit opinion here . I know what you're thinking . . . "hey, wasn't that Lawffice Space Case of the Week #57 back on September 8, 2011...

The 5 little words that will cause your company a huge headache

"Tell me how you're paid." The biggest wage and hour case I ever defended started with those five little words. A very disgruntled, and justifiably fired, ex-employee went to see a plaintiff's employment lawyer about filing a wrongful discharge lawsuit. The lawyer correctly told him...

Supreme Court Considers Whether Offer of Judgment Moots Collective Action

WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an amount representing alleged unpaid wages plus attorney fees, costs and expenses under Federal Rule of Civil Procedure 68 to an employee who brought a collective action under the Fair Labor Standards Act (FLSA) moots the collective...

SCOTUS Decides FLSA Pick-Off Case

On April 16, the Supreme Court issued its opinion in Genesis Healthcare Corp. v. Symczyk . You may recall my previous coverage of this case as the "FLSA Pick-Off Case." In short, an employee filed a FLSA wage and hour claim intended to be a collective action. The defendant made a Rule...

“Full of Sound and Fury, Signifying (Almost) Nothing”: Supreme Court Passes on Larger Issues in FLSA Collective Action Decision

by Daniel D. Fassio Though traditional class actions have long been barred under the Fair Labor Standards Act, Congress provided within the statute a provision allowing "collective actions." The provision provided a vehicle for groups of employees with similar grievances to be represented...