Wage & Hour Litigation Blog

Category Archives: Offer of Judgment

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Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues, Offer of Judgment, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Alex Passantino

It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
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TO MOOT OR NOT TO MOOT—THE FIRST FLSA CASE IN TEXAS TO GRAPPLE WITH THE GENESIS HEALTHCARE RULING

Posted in Conditional Certification, Offer of Judgment

Authored by Steve Shardonofsky

What happens when an object with greater mass collides with a smaller object?  Yes, the smaller object typically bears the brunt of the force and splits into two or more pieces.  According to a recent decision by Judge Keith Ellison of the Southern District of Texas, this is exactly what happens when Fifth Circuit precedent collides … Continue Reading

Offers of Judgment, Mootness and Collective Actions: Supreme Court Hears Oral Argument in Genesis Healthcare v. Symczyk

Posted in Offer of Judgment

Co-authored by Richard Alfred and Jessica Schauer

The Supreme Court heard argument in Genesis Healthcare v. Symczyk on Monday.  See Transcript.  While the Supreme Court agreed to hear the case to decide whether putative collective actions under the Fair Labor Standards Act must be dismissed when the named plaintiff’s claim becomes moot, the argument focused on narrow procedural issues … Continue Reading

Will Genesis Prompt Supreme Court Evolution in Distinguishing Collective and Class Actions?

Posted in Offer of Judgment

Co-authored by Richard Alfred and Loren Gesinsky

On June 25, 2012, the U.S. Supreme Court agreed to review whether an entire lawsuit is mooted when the employer in a Fair Labor Standards Act (FLSA) collective action makes an offer of judgment that would fully satisfy the sole plaintiff’s claims before any certification effort.  (Genesis Healthcare Corp. v. Symczyk).  … Continue Reading