Genesis Case Puts Employer FLSA Strategy On The Line

Law360, New York (November 28, 2012, 8:44 PM EST) -- The U.S. Supreme Court will hear arguments Monday over whether a payout offer mooted a former nurse's proposed wage-and-hour collective action in a case attorneys say could eliminate a strategy that has let employers dodge federal overtime class actions.

The justices are scheduled to hear Genesis Healthcare Corp.'s appeal of a Third Circuit ruling that revived a putative Fair Labor Standards Act collective action brought by former Genesis nurse Laura Symczyk over the company's automatic meal break deduction policy.

Genesis maintains that the suit became moot...
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