The Supreme Court has agreed to hear a case involving a nurse's pay and whether a defendant's pre-certified settlement offer to a plaintiff who may bring class action is legitimate, according to a Courthouse News Service report.
In December 2009, Laura Symczyk sued her employer, Genesis Healthcare Corp., claiming the company violated the Fair Labor Standards Act by deducting a meal break automatically regardless of whether she took a break. In February 2010, Genesis answered Ms. Symczyk's complaint with an offer of $7,500 in alleged unpaid wages, attorneys' fees and other court costs, according to the report.
However, Ms. Symczyk did not respond to Genesis' pre-certified offer as she considered class action. However, the FLSA prohibits class actions but permits collective actions, according to a Brickler & Eckler report.
No other employee joined Ms. Symczyk in the litigation. Genesis moved to dismiss the litigation, and a district court ruled that Genesis' initial offer "mooted the collection action and that the action should be dismissed for lack of subject matter jurisdiction," according to the report. However, the U.S. Court of Appeals for the Third Circuit reversed the district's decision. The Supreme Court will now rule on the case this October.
In December 2009, Laura Symczyk sued her employer, Genesis Healthcare Corp., claiming the company violated the Fair Labor Standards Act by deducting a meal break automatically regardless of whether she took a break. In February 2010, Genesis answered Ms. Symczyk's complaint with an offer of $7,500 in alleged unpaid wages, attorneys' fees and other court costs, according to the report.
However, Ms. Symczyk did not respond to Genesis' pre-certified offer as she considered class action. However, the FLSA prohibits class actions but permits collective actions, according to a Brickler & Eckler report.
No other employee joined Ms. Symczyk in the litigation. Genesis moved to dismiss the litigation, and a district court ruled that Genesis' initial offer "mooted the collection action and that the action should be dismissed for lack of subject matter jurisdiction," according to the report. However, the U.S. Court of Appeals for the Third Circuit reversed the district's decision. The Supreme Court will now rule on the case this October.
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