Laura Symczyk worked as a registered nurse at a retirement home in Philadelphia for 10 months in 2007. She alleges in a lawsuit she filed in 2009 that Genesis HealthCare Corp., the operator of the nursing home, violated the Fair Labor Standards Act (FLSA) by automatically deducting meal breaks from workers’ paychecks regardless of whether they worked during their meal periods. She sought to represent herself and all similarly situated workers at the nursing home. Symczyk claimed she was entitled to about $7,000 in back pay and liquidated damages.
Before Symczyk formally petitioned for class certification, the defendant made an offer of judgment under Federal Rule of Civil Procedure 68, offering to pay Symczyk $7,500 plus attorneys’ fees and costs as determined by the court. Symczyk’s counsel allowed the offer to expire and proceeded forward to discovery in anticipation of class certification.
