On December 3, the U.S. Supreme Court is hearing argument in Genesis Healthcare Corp. v. Symczyk. The case involves an uneasy juxtaposition of constitutional law and the Federal Rules of Civil Procedure in a suit based on a major statute, the Fair Labor Standards Act (FLSA). At first glance, it appears to raise merely an arcane jurisdictional issue under Article III in the setting of a representative action. On closer examination, however, Genesis poses a serious challenge to the viability of group litigation to enforce important workers’ rights to minimum wages and overtime pay. Thus, employee and employer advocates will be watching the matter closely.
Laura Symczyk is a nurse. She alleged that her former employer, Genesis, automatically took a meal break deduction regardless of whether she actually performed compensable work during this period, in violation of the FLSA. As the statute permits, she sued for damages “on behalf of herself and others similarly situated.” Genesis answered Symczyk’s complaint and simultaneously served a Rule 68 offer of judgment for “$7,500 in alleged unpaid wages, plus attorneys’ fees, costs and expenses as determined by the Court,” in full satisfaction of her own claim.
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