Supreme Court Decision Alert - April 16, 2013

Keywords: FLSA, collective action, Genesis Healthcare, ERISA, reimbursement,

Fair Labor Standards Act - Effect of Offer of Judgment Before Conditional Certification

Genesis Healthcare Corp. v. Symczyk, No. 11-1059 (previously discussed in the June 26, 2012, Docket Report)

The Fair Labor Standards Act of 1938 ("FLSA") permits an employee to file a "collective action" for damages against an employer individually and on behalf of other "similarly situated" employees who later choose to join the lawsuit. 29 U.S.C. § 216(b). In Genesis Healthcare Corp. v. Symczyk, before any other employee had opted to join the suit, the defendant made an offer of judgment to the named plaintiff for the full relief sought by her individual claims. Today, the Supreme Court held - by a 5-4 vote - that the district court had properly dismissed the FLSA collective action for lack of standing. Writing for the majority, Justice Thomas explained that once the offer of judgment had mooted the