Does an Unaccepted Offer of Judgment Moot a Wage and Hour Case? Genesis HealthCare Corp. v. Symczyk

Let's say an employee sues you, claiming that you withheld certain wages owed under the Fair Labor Standards Act. In addition to defending the lawsuit, you make her what is called an "offer of judgment" to make her whole for all wages she claims she is owed (including any liquidated...

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...