Collective Action Mooted by Offer

A collective action was brought under the Fair Labor Standards Act (FSLA) on behalf of a woman and “other employees similarly situated”. After the respondent ignored petitioners offer of judgment under Federal Rule of Civil Procedure 68, the District Court found that the offer fully satisfied her suit. Since no one else had joined it, they concluded the suit was moot and dismissed it for lack of subject matter jurisdiction. The Supreme Court ruled that there was no support for the respondent’s claim that the purposes served by collective action provisions would be frustrated by defendant’s use of the offer to pick off named plaintiffs before the end of the action, because the respondent conceded that petitioners offer provided her completed relief and she asserted no continuing economic interest in shifting attorneys fees and costs. Genesis HealthCare Corp. v. Symczyk (US 11–1059 4/16/13)

Disclaimer: Our blog uses recent cases involving employment law issues. Our office does not represent parties in these cases. The cases are used for information purposes only, and should not be considered legal advice.

2017-12-13T21:46:47+00:00 May 31st, 2013|General Labor Law|