Authored By Robert Whitman

Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final collective certification of FLSA claims are different from those for class certification of state law wage claims under Rule 23.

Two cases
Continue Reading What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

Authored by Noah Finkel

As noted by this blog on several occasions, including most recently here, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by offering a plaintiff complete relief under Rule 68 or in a
Continue Reading Reports of the Death of the Mootness Maneuver Are Greatly Exaggerated

Authored by Steve Shardonofsky

In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the question of what happens when the plaintiff affirmatively declines the offer or when the offer expires,
Continue Reading Genesis Healthcare May Be Merely the First Book in Bible on Mooting Class/Collective Actions

Authored by Noah Finkel

The Tampa Bay Buccaneers had a tough week last week.  It wasn’t just their loss to the Detroit Lions.  Defeats on Sundays are something with which the Bucs have grown accustomed.  Rather, last week the 11th Circuit Court of Appeals held that the Bucs’ attempt to have an adverse judgment against themselves would not end a
Continue Reading Can’t Win For Losing? Try Offering Complete Relief, Not Rule 68

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,
Continue Reading Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

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 TO MOOT OR NOT TO MOOT—THE FIRST FLSA CASE IN TEXAS TO GRAPPLE WITH THE GENESIS HEALTHCARE RULING

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

sup court seal.bmpCo-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 Will Genesis Prompt Supreme Court Evolution in Distinguishing Collective and Class Actions?

380484-mighty-pen-duel.jpgAuthored by Laura Reathaford

Employers considering a Rule 68 Offer of Judgment in order to moot class certification must think again at least in the Ninth Circuit where the Court of Appeals has ruled that unaccepted Rule 68 offers do not moot class claims even if those offers are made before the lead plaintiff has timely moved for class certification.


Continue Reading The Rule 68 Pen Is Not Mightier Than The Class Certification Sword: The Ninth Circuit Holds That Unaccepted Rule 68 Offers Will Not Moot Class Certification