The Fate of Collective Actions in the Hands of the Supreme Court

This week, the Supreme Court agreed to hear the appeal of Symczyk v. Genesis HealthCare Corp next term. For a variety of reasons, this decision could well determine the fate of collective, and maybe even class, actions. This case has so far not gotten nearly as much attention as it deserves. Should the Court overturn the decision, it may well become virtually impossible for employees — especially low-income employees–  to sue for wage and hour violations.

The federal minimum wage and overtime law (the FLSA) allows people to bring what are called “collective action” lawsuits. This is similar to a class action lawsuit, where one person brings suit on behalf of everyone else who is “similarly situated.” Continue reading