Genesis V. Symczyk: A Win For Employers In The End

Law360, New York (April 25, 2013, 12:39 PM EDT) -- Both sides of the bar had high hopes for the outcome of the U.S. Supreme Court’s recent decision in Genesis Healthcare Corp. v. Symczyk, No. 11-1059 (Apr. 16, 2013), as to a specific issue — whether an unaccepted Rule 68 “offer of judgment” that would have fully satisfied the named plaintiff’s claims is sufficient by itself to moot a putative collective action under the Fair Labor Standards Act, 29 U.S.C. § 216(b). In a 5-4 decision, however, the court evaded resolving this particular circuit split on...
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