In their Labor Relations column, of Skadden, Arps, Slate, Meagher & Flom analyze recent opinions in which the U.S. Supreme Court ruled that a collective action under the FLSA may not proceed when the representative employee's individual claims become moot, held that the ability to establish classwide damages is essential to a favorable ruling on class certification, and addressed the right of a welfare plan to reimbursement of funds that a participant recovers from a third party.
June 07, 2013 at 12:00 AM
1 minute read
Today’s column is the first of two articles discussing a multitude of decisions by the U.S. Supreme Court during the 2012-13 term important to the area of labor and employment law.
In Genesis Healthcare v. Symczyk, 133 S.Ct. 1523 (2013), the court resolved a circuit split and ruled 5-4 that a collective action under the Fair Labor Standards Act (FLSA) is not justiciable and may not proceed when the representative employee’s individual claims become moot.
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