High Court Considers Whether Offer Of Judgment Moots Collective Action

WASHINGTON, D.C. - 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), 29 U.S.C.S. § 203, moots the collective action when no other individuals had joined the action and there was no pending motion for collective process, the employer told the U.S. Supreme Court on Dec. 3, seeking reversal of a Third Circuit U.S. Court of Appeals ruling (Genesis HealthCare Corp., et al. v. Laura Symczyk, No. 11-1059, U.S. Sup.). View a complimentary copy of the transcript in the pdf attached below.

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