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Home » Offer of Judgment » 5th Cir.: Relation Back Principle Applies to Ensure That Defendants Cannot Unilaterally “Pick Off” Collective Action Representatives and Thwart Availability of Collective Actions Under FLSA by Paying Employee’s Claim in Full
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Sandoz v. Cingular Wireless LLC
Although, in theory, FLSA claim could become moot when purported representative of collective action receives offer that would satisfy his or her individual claim and no other plaintiffs have opted in, when FLSA plaintiff files timely motion for certification of collective action, that motion relates back to date plaintiff filed initial complaint; relation back is warranted only when plaintiff files for certification without undue delay.
Hale v. KTG USA, Inc. A recent decision out of the Northern District of Mississippi underscores that courts do not look favorably upon what appear…
Shorter v. Greenwich Homecare LLC Each year federal courts are asked review and approve FLSA settlements in thousands of cases. In some Circuits like the…
Texas v. United States Department of Labor Last week, in a long-awaited decision, the U.S. District Court for the Eastern District of Texas struck down…
Restaurant Law Center v. Department of Labor Due to its conservative bent, the Fifth Circuit has long been a hotbed of litigation challenging regulations of…
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