The Supreme Court this morning handed down its decision in Genesis Health Care Corp v. Symczyk, which I’ve written about in the past. Sadly, I’m in the midst of deposition madness right now and don’t have time to write a proper analysis.
Instead, I’m just going to post the entirety of Justice Elena Kagan’s dissent below, in all its snarky brilliant glory. Enjoy! Continue reading
Last week you may have received an email (and you may have thought it was spam) titled “Legal Notice of Settlement of Class Action.” It warns you in incomprehensible jargon that you have a bunch of “legal rights and options.”
So what, exactly, are you supposed to do with this, and what does it mean?
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