My colleague Mark Beutler wrote a detailed blog post, in March about the employer's request that the Supreme Court review the Third Circuit's decision in Symczyk v. Genesis Healthcare Corp., 656 F.3d 189 (3d Cir. 2011). In that decision, the Third Circuit Court of Appeals held that a defendant employer may not use the Rule 68 offer of judgment mechanism to "moot" a single-plaintiff FLSA case styled as a putative collective action, even when the plaintiff has yet to seek class certification.
Yesterday, the Supreme Court decided to hear the case. Mark explained the issues at play here better than I can. Whatever the result of this appeal, the Supreme Court's decision will have great impact on those of us who litigate frequently in this area. We will keep you posted as this develops.
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