Supreme Court Sounded Death Knell for Collective Wage Cases — Or Did They? Justice Kagan’s Brilliant Dissent

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

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