Genesis HealthCare

News & Analysis as of

Employers Are Provided Additional Ammunition To Defend FLSA Collective Actions

We have understood for many years that early assessment and action can help resolve claims by current and former employees. The Supreme Court recently provided employers with additional ammunition with which to derail, or...more

Can "Mooting" a Class or Collective Action Be a Sound Defense Strategy?

Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit....more

Employment Law -- May 22, 2013

Welcome to the first installment of our bi-monthly employment newsletter. Every two weeks we will highlight recent court decisions and upcoming legislation that impact California employers. We hope you will find the content...more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

Federal Rule 68 and FLSA Collective Actions

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

Man-to-Man Defense Clears Court: Early Judgment Offers Will Satisfy Named Plaintiff's Claims…For Now

In its recent decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court aided employer efforts to "pick off" named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards Act...more

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

Employers May Be Able to “Pick Off” Named Plaintiffs in FLSA Collective Actions

In its April decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court buttressed employers’ efforts to “pick off” named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards...more

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

Supreme Court Holds That "Mere Presence" Of FLSA Collective-Action Claims Cannot Save A Lawsuit Where Named Plaintiff's Individual...

Some good news for employers. In a recent 5-4 opinion, the U.S. Supreme Court held that collective-action claims brought under the Fair Labor Standards Act (FLSA) are moot when the named plaintiff has no continuing personal...more

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

The Supreme Court Holds That Employers Mooting Named Plaintiff's Claim Also Moot FLSA Collective Action

On April 16, 2012, in Genesis Healthcare Corp. v. Symczyk, No. 11-1059, the Supreme Court held that when a FLSA plaintiff's claim becomes moot prior to a conditional certification of a collective action, the entire action...more

Supreme Court Rules That Offer of Judgment to Named Plaintiff Could Moot FLSA Collective Actions

In its April 16, 2013 ruling in Genesis Healthcare Corp. v. Symcyzk, No. 11-1059, the U.S. Supreme Court decided that once the claim of a named plaintiff in a Fair Labor Standards Act ("FLSA") collective action has been...more

Supreme Court Upholds Use of Rule 68 Offers of Judgment in FLSA Collective Actions

Today the United States Supreme Court delivered an unexpected present to employers facing FLSA collective actions and held that a defendant may moot such a case by making a Rule 68 offer of judgment to the named plaintiff....more

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

On April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the...more

FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim

Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case...more

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more

Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions

In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor...more

Supreme Court Ruling Nixes FLSA Collective Action

In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative...more

Labor And Employment Insight: Supreme Court Ruling In Genesis Generates Discussion On Employer FLSA Strategy

The U.S. Supreme Court held yesterday in Genesis Healthcare Corp. v. Symczyk that if a sole plaintiff's putative Fair Labor Standards Act (FLSA) collective action claim is mooted, the entire case must be dismissed....more

Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that...more

Supreme Court Weighs In On FLSA Class Action Issues

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s...more

Supreme Court Rules FLSA Class Action Properly Dismissed For Mootness

On April 16, 2013, with Justice Clarence Thomas writing for a 5-4 majority, the U.S. Supreme Court ruled that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because...more

Supreme Court Rules Dismissal Of FLSA Collective Actions Are Appropriate When Individual Claim Is Rendered Moot

On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more

29 Results
|
View per page
Page: of 2