Overtime Law Blog

Home » Mootness » 11th Cir.: Defendant May Not Moot an Individual or Class Claim By Serving Offer of Judgment on Named Plaintiffs

11th Cir.: Defendant May Not Moot an Individual or Class Claim By Serving Offer of Judgment on Named Plaintiffs

Submit Your Case - Copy (2)

TwitterGoogle+LinkedInRSSJustia

Email Subscription

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 291 other subscribers

RSS feed: DOL News DOL News

Andrew Frisch

Tags

"Dual Assignment" Rule "Good Faith" Defense $7.25 $35 Million Verdict $455 $500 $913 000.00 1 Week Delay 2 Or More Employees 2 Or More Employees Handling 2 Year Statute of Limitations 2d Circuit 3 Year Statute of Limitations 4 Year Degree 4-Month Period 4th Circuit 5th Circuit 6 Month Statute of Limitations 6th Circuit 7(i) 7th Circuit 8th Circuit 9 U.S .C. §§ 3 9th Circuit 10th Circuit 11 U.S.C. § 521(1) 11th Amendment 11th Circuit 13th Amendment 20 Pound Bag 20% Rule 21 Club 28 U .S.C. § 1332(d) 28 U.S.C. § 1407 28-day Work Period 29 C.F.R. 541.601 29 C.F.R. 541.605(a) 29 C.F.R. § 516.27(A) 29 C.F.R. § 516.27(B) 29 C.F.R. § 531.35 29 C.F.R. § 531.52 29 C.F.R. § 531.55 29 C.F.R. § 531.56(e) 29 C.F.R. § 541.100 29 C.F.R. § 541.105 29 C.F.R. § 541.200 29 C.F.R. § 541.200(a) 29 C.F.R. § 541.202(a) 29 C.F.R. § 541.202(b) 29 C.F.R. § 541.202(e) 29 C.F.R. § 541.300(a)(1) 29 C.F.R. § 541.301 29 C.F.R. § 541.301(a) 29 C.F.R. § 541.302(a) 29 C.F.R. § 541.313 29 C.F.R. § 541.500 29 C.F.R. § 541.502 29 C.F.R. § 541.600 29 C.F.R. §541.602(a) 29 C.F.R. § 541.604 29 C.F.R. § 552.106 29 C.F.R. § 553.101 29 C.F.R. § 553.213 29 C.F.R. § 778.108 29 C.F.R. § 778.112 29 C.F.R. § 778.114 29 C.F.R. §778.114 29 C.F.R. § 778.115 29 C.F.R. § 778.217(b) 29 C.F.R. § 778.219(a) 29 C.F.R. § 778.501(a) 29 C.F.R. § 779.315 29 C.F.R. § 779.316 29 C.F.R. § 779.317 29 C.F.R. § 779.412 29 C.F.R. § 779.416(b) 29 C.F.R. § 780.129 29 C.F.R. § 782.2 29 C.F.R. § 782.5(a) 29 C.F.R. § 785.23 29 C.F.R. § 785.48(b) 29 C.F.R § 785.18 29 CFR Part 552 29 U.S.C. 207(h) 29 U.S.C. 215 29 U.S.C.A. § 203(y) 29 U.S.C. § 203(m) 29 U.S.C. § 203(o) 29 U.S.C. § 203(r)(1) 29 U.S.C. § 203(r)(2)(A) 29 U.S.C. § 203(s) 29 U.S.C. § 207(e)(1)-(8) 29 U.S.C. § 207(e)(2) 29 U.S.C. § 207(e)(5)-(7) 29 U.S.C. § 207(h)(2) 29 U.S.C. § 207(i) 29 U.S.C. § 207(k) 29 U.S.C. § 207(p)(1) 29 U.S.C. § 209(m) 29 U.S.C. § 213(10)(a) 29 U.S.C. § 213(a)(1) 29 U.S.C. § 213(a)(15) 29 U.S.C. § 213(a)(17) 29 U.S.C. § 213(b)(1) 29 U.S.C. § 215 29 U.S.C. § 215(a) 29 U.S.C. § 215(a)(3) 29 U. S. C. §215(a)(3). 29 U.S.C. § 216(b) 29 U.S.C. § 218(a) 29 U.S.C. § 255(a) 29 U.S.C. § 256(b) 29 U.S.C. § 259 29 U.S.C. § 260 30-Minute Deductions 34(a)(2) 168 Hours 207(h) 215(a)(3) 216(b) 541.601 778.112 778.115 785.23 1099 2010 FLSA Amendments 2010-1 10000 Pound Vehicles A & P Mechanic AAA AA Meeting Abbot Laboratories Abbott Absent Arbitration Clause Absent Class Members Abuse of Discretion Acceptance of Offer of Judgment Accountant Accountant Advice Accountant Liability for FLSA Violations Accountant Malpractice Act 72 Actual Duties Actual Knowledge Actual Weight ADA Addresses ADEA Adequacy of Representation Administrative Exemption Administratively Exempt Administrative Procedure Act Administrative Proceeding Administrator's Interpretation Administrator's Interpretation No. 2010-2 Adminstrative/Production Dichotomy Adminstrative Exemption Adminstrative Remedy Admissibility Adult Entertainers Advanced Knowledge Advertising Sales Advice of Counsel Affidavit Affirmative Defense Affirmative Defenses Affirmative Steps After-Hours Agreement Agreement to Arbitratrate Agricultural Employees Agricultural Exemption Air Carrier Air Carrier Exemption Airline Carrier Airline Deregulation Act of 1978 Airport Shuttle Al Capone Alpharma Amended Answer Amended Complaint American Arbitration Association American Eagle Drivers American Samoa Amicus Amicus Brief Amount of Discovery Anonymous Plaintiff Anti-Retaliation APA Applebee's Apprenticeship Approval Not Required Approval of Settlement Arbitral Decision Arbitration Arbitration Agreement Arbitration Agreements Arbitration Clause Arbitration Costs Arbitration in FLSA Cases Arbitration Invalidated Arbitrator Arbitrator's Jurisdiction Arbitrator Decide Class Arindrajit Dube Arise Misclassification Claims Arise Overtime Claims Arise Virtual Solutions Arise Wage Theft Arm of the State Assistant Manager Assistant Store Managers AT&T Mobility LLC v. Concepcion AT&T Mobility v. Concepcion At-Issue Waiver Attorney's Fees Attorney-Client Communications Attorney-Client Privilege Attorney Advice Attorney Defendant Attorney Liability Attorney Liability for FLSA Violations Attorney Representation Auto Body Repairman Auto Dealer Exemption Automatic Deductions Automobile Dealer Auto Parts Store Auxilium Pharmaceuticals Average Hourly Compensation Average Hourly Wage Averaging Award of Costs Bachelor Degree Backwages Balance of Convenience Factors Balancing Test Ballot Measure 25 Bamonte v. City of Mesa Bank of America Bankrupcy Stay Bankruptcy Baristas Bartenders Base Hourly Rate Benefits Biggs v. Wilson Billing Records Billingsley v. Citi Trends Bills Binding and Enforceable Binding Settlement Board Board of Dental Examiners Boca Raton Business Owners Boehringer Pharmaceutical Rep Overtime Bona Fide Commission Plan Bona Fide Commissions Bona Fide Dispute Bonnette Bonus Bonuses Breach of General Release Break Policy Breaks Break Time Break Time for Nursing Mothers Breastfeeding Bribery Burden of Production Burden of Proof Burden of Proof on Exemption business Business-to-Business Merchant Business Expenses Business Purpose Buy-Back C.F.R. CAA Cable Installer CAFA Calculating Gross Vehicle Weight Under MCA Calculating Offsets Calculating Overtime Compensation Calculation of Damages California California Labor Code California Overtime Lawsuit Call Center Call Center Jobs Call Center Workers Calulcating the Workweek Camin Cargo Car CareMark Overtime Lawsuit Car Insurance Car Wash Case Managers Case or Controversy Case Style Casey's General Stores Casino CASY CBA Cell Phone Centex Certified Nurse Assistant Certiorari Certiori CFR Changing Clothes Charters Cheeks Chilling Effect Chinese Overtime Christensen Christopher v. SmithKline Beecham Corp. Cintas Corp. Cintas Settlement City Employees City of Sioux Falls Civil RICO Class Class Action Class Action Complaint Class Action Fairness Act Class Actions Class Action Waiver Class Arbitration Class Certification Class Certified Classification Class Members Class Representatives Classroom Training Class Waiver Class Waivers Classwide Damages Clause Construction Cleaning Airplanes Clear Mutual Understanding Clinicians Closely-Held Close of Discovery Clothes CMV CNA CNN Co-op Coercision Coercive Coke Collateral Estoppel Collective Action Collective Action Allegations Collective Actions Collective Action vs. Class Action Collective Action Waiver Collective Bargaining Agreement Colorado Colorado Minimum Wage Comcast Comcast Corp. v. Behrend Coming to Rest Doctrine Commercial Cleaner Commercial Motor Vehicle Commerical Carrier Commerical Motor Vehicle Commissioner of the Bureau of Labor and Industries Commissions Common Arrangement Common Law Common Law Claims Common Law Test for Successor Liability Communications With Class Commute Time Commuting Time Companions Companionship Companionship Exemption Companionship Services Compensable Hours Compensable Time Compensable Work Compensatory Damages Compensatory Time Comp Time Computer-Employee Exemption Computer Boot Up Time Computer Exemption Concerted Action Concerted Activity Conditional Certification Conditionally Certified Claims Confidentiality Connexx Consent Judgment Consent to Join Consent to Join Form Considerations at Stage I Consolidation Construction Supervisor Construction Workers Constructive Knowledge Consumer Class Actions Contemporaneous Payment Contemporaneous Time Records Contemporaneous Transmission Of Testimony Contingency Basis Contingent Settlement Continuity of the Business Continuous Workday Contract of Adhesion Contractual Statute of Limitations Contract Work Hours and Safety Standards Act Contribution Control Controlled Substances Act Control Test Corporate Officer Liability Correction Officers Corrective Action Corrective Notice Costco Wage Class Action Cost of Individual Claim Cost of Travel Costs Cost Splitting Counterclaims Coupons Couriers Court's Observation of Counsel Court Approval Court Supervised Settlement Coverage Covered Employee Creative Professional Exemption Creative Professionals Credit Cross-Examination Cruise Line Shuttle Current Employees Current Oregon Minimum Wage Custody Customarily Furnished Custom or Practice CWCA D.C. Circuit D.Ct. D.R. Horton D.R. Horton and Michael Cuda Damages Dancers Showclub Dates of Employment Davis Bacon Act Day Rates DBA DCLMA DCWPCL December 1 Decertification Declarations Declaratory Judgment Declaratory Relief Default Defendant's Billing Records Defense Counsel Billing Records Defense Verdict Deference Owed to Secretary of Labor Definition of CMV Definition of Employee Definition of Full Relief Definition of Independent Contractor Delay Dellinger De Minimis Denial of Conditional Certification Department of Labor Department of Transportation Deposition Location Depositions Design Consultant Destruction of Records Differences Among Putative Class Members Dionne Dionne v. Floormasters Direct Care Job Quality Improvement Act Directly Related To Management Disabled Workers Discounts Discoverability of Attorney Communications Discoverability of Billing Records Discovery Discovery Of Immigration Status Discovery Plaintiffs Discretion and Independent Judgment Discretion or Judgment When Loading Discretion to Limit Discovery Dismissal of Opt-ins Dissemination of Notice District of Colorado Docking DOL DOL Audit DOL Enforcement Dolgencorp Dollar General Dollar Tree DOL Supervised Settlement Domestic Service Domestic Service Exemption Donning and Doffing Door-to-Door Salespeople DOT DOT Audit DOT Jurisdiction Draw Driver Driver's Helper Drivers Dual-Trained Paramedics Dual Jobs Duplicative Claims Dupont Duress Duties Duty to Mitigate E.D.Tex. Economic Realities Test Economic Reality Economists EDS EDS Overtime Class Action EDS Technical Support Effect of Denial of Conditional Certification Efficient Judicial Administration Eighth Circuit Electronic Data Systems Elements of Claim Eleventh Amendment Immunity Eleventh Circuit Eli Lilly Ellerth Email Emotional Distress Employee Employee Leasing Employee Release Agreement Employees Employees of Subcontractors Employee Status Employee Theft Employee vs Independent Contractor Employee vs Volunteer Employee waiting for work Employer Employer's Burden of Proof Employer Participation in Tip Pool Employers' Attorney Employment Employment Relationship Enforceability Enforceability of Class/Collective Waivers Enforcement Engaged in Commerce Engaged in Fire Protection Engineer Enjoin Enterprise Enterprise Coverage Enterprise Rent-A-Car Entry of Judgment EPA Equal Pay Act Equitable Defenses Equitable Tolling ERISA Evidence Exception Exceptional Circumstances Exception vs Exemption Excluding Sleep Time Exclusive Remedy Executive Exemption Exempt Employees Exemptions Exempt Status Exempt Time Exhaustion of Administrative Remedy Exotic Dancers Expeditor Experts Expert Testimony Extended Notice Period Extern Externships Extraordinary Circumstances FAA Facebook Facially Neutral Fact Witnesses Failure To Disclose Claims In Bankruptcy Failure to Hire Failure to Pay in Timely Fashion Failure to Pay On Time Failure to Post FLSA Notice Failure to Take Reasonable Actions Fair Labor Standard Act Fair Labor Standards Act Fair Labor Standards Action Fair Labor Stardards Act Fairness Fair Playing Field Act of 2010 False Imprisonment Family Dollar Family Medical Leave Act Faragher Farmer Farmers Insurance Farming Farming Operations Farmworkers Fair Labor Practices Act FCRA Fed.R.Civ.P. 10(a) Fed.R.Civ.P. 23(b)(3) Fed.R.Civ.P. 26(b)(1) Fed.R.Civ.P. 34 Fed.R.Civ.P. 41(a)(1)(A)(ii) Fed.R.Civ. P. 43 Fed.R.Civ.P. 68 Federal Arbitration Act Federal Aviation Act Federal Court Federal Register Federal Rule of Civil Procedure 23(b)(3) FedEx Fee Basis Fee Shifting Fee Splitting Field Coordinator Field Managers Field of Science or Learning Fifth Circuit Final Regulations Final Rule Final Rule Domestic Service FINRA FINRA Rule 13204 Firefighters Fire Suppression and Prevention First-Filed First-Filed Rule First Circuit Five Hundred Thousand Dollars Fixed Amount as Straight Time Pay Fixed Salary Flex Time Flight Attendants Florida Constitution Florida Minimum Wage Florida Unpaid Wages Florida Wage Law FLSA FLSA-Protected Activity FLSA Collective Action Waiver FLSA Coverage FLSA Employee FLSA employee misclassification FLSA Employer FLSA Exemptions FLSA Minimum Wage FLSA Overtime FLSA overtime claim FLSA Preemption FLSA Protections FLSA recordkeeping requirements FLSA Retaliation FLSA Settlement Approval FLSA Settlements FLSA Standing FLSA time-shaving FLSA Workweek FLSA Work Week Fluctuating Workweek Fluctuating Work Week FMLA Food in Lieu of Wages Food Service Foot Locker Forced Arbitration Foreign-flagged Ships Foreign Country Foreign Work Exemption Form of Consent to Join Form of Notice Form WH-58 Fourth Circuit Four Year Degree Franchisee franchise workers Franchisor FRCP 8 FRCP 9(b) FRCP 10(a) FRCP 15(b) FRCP 23 FRCP 26(c) FRCP 41(a) FRCP 68 FRE 702 Full Damages Full Relief Function Test FWW GAO Study Gap Time Garment Workers Garnishment Gas Gawker General Household Work General Manager General Release Genesis Genesis Healthcare Corp. Genesis HealthCare Corp. v. Symczyk Georgia EDS Overtime Case Gilmer Good Cause Good Cause Showing Not Required Good Faith Government Accountability Office Governmental Job Government Informer Privilege Gratuities Green Card Grievance Gross Annual Sales Gross Vehicle Weight Gross Vehicle Weight Rating Gross Volume of Sales or Business Done Group Home Group Homes Guest Worker Guest Workers Gulf Oil Co. v. Bernard GVWR H-2B Visa Handling Clause Handling Goods HCE Health Care Reform Law Heavy-Duty Cleaning Company Helicopter Pilots Helix Helix Energy HHA HHAs Highly-Compensated Employee Highly Compensated Employees Hilda Solis Hire/Fire Hire and Fire Hoffman Plastic Home Care Workers Home Health Aides Home Health Workers Home Health Worker Wages Hour-by-Hour Hourly Paid Hourly Plus Hourly Rates Hourly vs. Salary Hours of Work Hours Worked Household Workers Hybrid Action Identity of Witnesses Idle Time IHSS Illegal Aliens Illegal Deductions Illegal Enterprise Immigrant Workers Immigration Status Impermissible Deductions Impermissible Waiver Impleader Implied Waiver Improper Communications Improper Employer Communications In-Home Care Inc. Inc. v. Dukes Incentive Pay Incentives Incidental-to-Air Exemption Incident to or or in Conjunction With Farmng Operations Inclusion of Buy-Back Indemnification Indemnity Claim Under the FLSA Independent Contractor Independent contractor classification Independent Contractor Misclassification Independent Contractor vs Employee Indian Reservation Indicia Indispensible Individual Arbitration Individual Capacity Individual Claim Individual Coverage Individual Defendants Individual Discovery Individualized Damages Individualized Discovery Individual Liability Under the FLSA Individual Plaintiff Informal Complaint Informal Complaints Informal Input Informal Recommendations Informer Privilege Inherent Incompatability Innocent Purchaser In Pari Delicto In re Novartis Wage and Hour Litigation Inside Sales Inspectorate Installment Settlement Institution Institutions Insurance Agency Insurance Brokers Insurance Investigators Integral Integral and Indispensable Integrity Staffing Solutions Interest of Fairness Internal Complaint Internal Complaints Internal Policy Interns Internships Interpretation and Application of the FLSA Interrogatories In Terrorem Effect Interstate Commerce Interstate Trips Intertek Intracompany Complaint Intrastate Trips Investigator Involuntary Audit Iowa IRCA Irrebuttable Presumption IRS Issue of Fact Issue of Law Jane Doe Jane Roe Jet Blue JNOV Job Applicant John Doe Johnson & Johnson Joint Employees Joint Employer Joint Employers Joint Employment Joint Enterprise Judgment Judgment and Discretion Judicial Access Judicial Approval Judicial Bias Judicial Delay Judicial Economy Judicial Estoppel Jury Instruction Jury Question Jury Verdict K-9 K.R.S. § 337.285 Kagan dissent Kasten Kentucky Wage and Hour Law Kick-Backs Kickbacks Knepper v. Rite Aid Corp. Knowing Waiver KPMG Kuebel v. Black & Decker Inc. L.L.C. labor Labor Budgeting Policies Labor Management Relations Act Lacking Retail Concept LA County Lactation Breaks Last Paycheck Late Opt-ins Late Paycheck Late Payment law Law Degree Law School Graduate Learned Professional Learned Professional Exemption Leave to Amend Legal Malpractice Legal Status of Opt-in Plaintiffs Legitimate Business Purpose Liberal Construction Licenced and Practicing in the Field of Medical Science Lie Detector Life Insurance Agent Life Insurance Brokers Likelihood of Interstate Trips LinkedIn Liquidated Damages Living Wage LLC LMRA Loader Loading and Unloading Tools Loan Location of Depositions Lodging Longevity Pay Los Angeles Louisville Firefighters Low-Wage Workers Lowe's LPN Lunch Lynn's Food Lynn's Foods M.D.Fla. Maintenance Director Majority of Work Time Making Sales Malpractice as Basis of FLSA Liability Management Management Employee Management of Collective Action Managers Mandatory Arbitration Mandatory Attorneys Fees Mandatory Service Charge Maritime Marketing Martin v. Spring Break '83 Productions Maryland Wage and Hour Law Massachusetts Massachusetts Tips Law Massachusetts Trial Court Materials Matters of Significance Maître D' MCA MCA Exemption McNamara-O'Hara Service Contract Act Meal Breaks Meals Measurement of FLSA Compliance Measuring Damages Measuring Minimum Wage Mechanic Merits Not Considered Merryday Miami-Dade Wage Theft Ordinance Miami Overtime Law Michael Mahoney Middle District of Tennessee Miller Act Minimum Wage Minimum Wage Law Minimum Wages Minimum Wage Violation Minimum Wage Violations Minimum Wage Workers Minor v. Bostwick Laboratories Mirror-Image Counterclaims Misclassification Misleading Misleading Communications Missel Mitigation Mixed Fleet MLO MLOs Money Damages Moot Mootness Morgan & Morgan Mortgage Brokers Mortgage Loan Officers Mortgage Underwriters Motion for an Order Approving Distribution of a Memorandum to Opt-ins Motion for Approval Motion for Attorneys Fees Motion for Conditional Certification Motion for Decertification Motion for More Definite Statement Motion for Separate Trials Motion for Stay Motion in Limine Motion to Allow Late Opt-ins Motion to Compel Motion to Compel Arbitration Motion to Compel Entry Into Facility Motion to Dismiss Motion to Open and Close Evidence Motion to Proceed Anonymously Motion to Strike Motion to Toll Statute of Limitations Motor Carrier Motor Carrier Act Motor Carrier Act Exemption Motor Carrier Exemption Multidistrict Litigation Multidistrict Panel Municipal Contracts Municipal Employee Mutual Aid or Protection MWA MWHL N.D.Cal. N.J.S.A. § 34:11-4.1 Named-Plaintiff Names Nanny Narcotics Detection Dog National Employment Law Project National Labor Policy Necessity of Court Approval NELA NELP Nevada Nevada State Wage and Hour Claims Nevada Wage and Hour Law New Jersey New Jersey Labor Department New Jersey Wage and Hour Law New Jersey Wage Law New Regulations New Rule news New Salary Rules Newspaper New York New York City New York EDS Overtime Case New York Labor Law New York Times New York wage claims Nine- and Ten- Person Passenger Vans Ninth Circuit NJ Labor Department NJWHL NJWL NLRA NLRA Section 7 NLRB No Advanced Degree Non-Compensable Non-Disparagement Non-Enforcement Non-Exempt Non-Exempt Case Managers Non-Exempt Employees Non-FLSA Claims Non-Jurisdictional Non-Overtime Bonuses Non-Payment Non-Profit Non-Reemployment Non-Reemployment Clause Non-Tipped Employees Non-Waiver Noncompensable Nonexempt Nonproductive Time Norma Jean’s Nite Club Notice Notice Language Notice Motion Notice of Intent to Proceed as Collective Action Notice of Pendency Notice of Proposed Rulemaking Notice of Tip Credit Notice Package Notice Period Notice Requirement Notice Via Social Media Notice Warning Novartis NPRM Number of Employees Nurse Case Managers Nurse Case Managers Overtime Pay Nursery Nursing Mothers NYLL NYLL. Arming Up NYLL § 196-d NY Times Obama Objective Objective Good Faith Obtaining Releases from Class Members Off-Duty Care and Training Off-the-Clock Off Duty Hours Offer of Judgment Offer of Judgment Cannot Moot FLSA Case Offer of Settlement Offer of Settlement Absent Right to Enter Judgment Office or Non-Manual Work Official Capacity Offset Offsets Off The Clock Work OGC Inspectors OJ On-call Time On a Farm Onyx Opening and Closing Opt-in Opt-in Consent Opt-in Depositions Opt-in Notice Opt-in Period Opt-in Plaintiff Opt-in Plaintiff Status in FLSA Case Opt-ins Opt-out Class Action Oral Complaint Order of Proof Oregon Oregon Minimum Wage Oregon Tort Claims Act Original Jurisdiction OTCA Other Facilities Out-of-State Out-of-State Communications Outside Sales Outside Sales Exemption Overbroad Overnight Motor Overnight Motor Transportation Co. v. Missel Overnight Shifts Overtiime Law Overtime Overtime Class Action Overtime Damages Overtime Exemptions Overtime for Nurse Case Managers Overtime Hours Overtime Law Overtime Laws Overtime Lawyer Overtime Pay Overtime Rule Overtime Violations Owner Owner-Operator Owner as Employee Owners Oxford Health Plans LLC v. Sutter PA Paid Breaks Paid Breaks Not Offset Paid Lunches Palacios v. Boerhinger Ingelheim Pharmaceuticals Paralegal Paramedics Part-Owner Partial Liquidated Damages Partsman Patient Protection and Affordable Care Act Payday Pay Increases Pay Records Payroll Manager Payroll Records Pay Structure Penalties Pending Pennsylvania Pennsylvania Minimum Wage Act Pennysylvania Wage and Collection Act PEO Per Diem Perez v. Mortgage Bankers Assn. Performance Fees Permissible Offsets Permit and Suffer Personal Bankers Personal Protection Equipment Personnel Decisions Pervasive Release Petition for Cert Pharmaceutical Reps Pharma Reps Phone Numbers Physical Therapist Physician Assistant Pick Off Pickup Truck Piece Rate Pin Ups Pizza Hut Delivery Drivers Pleading Pleading Standards PMWA Police Cooperation Police Dog Police Lieutenant Police Officers Police Uniforms Portable Data Transmission Portal-To-Portal Act Posner Possession Post-Judgment Collection Post-Notice Communications Postliminary Activity Postliminary Work Potential Class Member Potential Collective Action Member Potential Harm PPACA PPE Practical Administrative Difficulty Practical Training Pre-Certification Pre-Certification Communications Pre-Notice Pre-shift work Precertification Preclusion of Rule 23 Claims Predominance Predominant Benefit Test Preemption Prejudgment Interest Prejudice to Potential Opt-ins Preliminary Activity Preliminary Injunction Preliminary Work Premium Pay Prerequisites to Collective Action President Obama Presuit Settlement Prevailing Party Prevailing Plaintiff Prevailing Wages Prima Facie Case Primarily Engaged in the Business of Selling Such Vehicles Primarily Engaged in the Care Primary Benefit Primary Benefit Test Primary Duties Primary Duty Principal Activity Principle Activities Prior Action Prior Claims Prior Lawsuit Prisoners Private Cause of Action Private Quarters Private Settlement Probert v. Family Centered Services of Alaska Product Design Specialist Production Production Employees Products Professional Employer Organization Professional Exemption Professional Liability Prohibitions on Communications Prolonged Course Of Specialized Intellectual Instruction And Study Promotion Promotions Proposed Regulations Proposed Rule Proposed Rulemaking Pro Se Plaintiff Protected Activity Protective Gear Protective Order Prudential Overtime Class Action Pseudonym PSR PSRs PT Public Agency Public Highways Public Policy Public Safety Exemption Punitive Damages Putative Class Putative Class Members Putative Collective Action Putative Collective Action Member Quality Staffing Services Corporation Questionnaire R.I. Gen. Laws § 28-12-1 et seq. Railway Labor Act Railway Labor Act Exemption Raises Raniere v. Citigroup Inc. Raw Agricultural Goods RCW RCW 49.46.130(1) Re-opening Discovery Real Estate Broker Reasonable Attorney's Fees Reasonabless Recommendations Recommended Tip Reconsideration Record-Keeping Violations Recording Overtime Recording Time Recordkeeping Recordkeeping Burden Recordkeeping Rule Recreational Marijuana Recruiters Recruitment Expenses Recusal Registered Nurse Regular Pay Period Regular Rate Regular Workweek Regulations Reimbursement Relation Back Release Releases Invalidated Relevance Remand Remedial Purpose Repayment Reporters Representative Discovery Representative Plaintiffs Required Res Judicata Restaurants Restaurant Workers Restrictions on Class Communications Restrictions on Communications With Putative Class Members Retail and Service Establishment Retail Business Retail Concept Retail Establishment Retail Exemption Retail or Service Exemption Retaliation Retroactive Applicability Return of Tips RFID Study Rhode Island Rhode Island Minimum Wage Act RLA RLA Exemption RN Roberto Donna Room and Board Rounding Rounding Claims Rounding Down Rounding Policy Rule 8 Rule 12(b)(6) Rule 19 Rule 23 Rule 26 Rule 37 Rule 41 Rule 41(a) Rule 68 Rulemaking Rulemaking Authority Ryskamp S-Corporation S.D.N.Y. SAFETEA-LU Sahyers Salaried Employees Salaried Misclassified Salary Salary Basis Salary Misclassification Salary Threshold Sales Salesman Sales Representative Sanctions Santos v. Lidl Saving Clause Savings Clause SCA Scheme To Avoid Paying Overtime Schering School Bus Drivers Scope of Discovery Scott v. City of New York SCOTUS Seaman's Wage Act Seaman Exemption Secondary Agricultural Exemption Second Circuit Second Filed Action Secretary of Labor Secretary of Labor's Interpretation Secretary of Transportation Secretary Perez Section 7 Section 7 Rights Section 8(a)(1) of the National Labor Relations Act Section 207(e)(2) Section 301 Securitas Security Guards Security Screening Security Screenings Self-Critical Analysis Privilege Self-Evaluation Privilege Separate And Independent Employer Service Changes Service Contract Act Set-off Settlement Settlement Agreement Settlement Approval Settlements Settlement With Co-Defendants Seventh Circuit Severability Clause Severance Severance Agreement Severance Payment Shift Differentials Shortened Statute of Limitations Sick Leave Sick Leave Buy-Back Silence as to Class Waiver Silence in Arbitration Agreement Silence in Collective Bargaining Silent Similarly Situated Simultaneous Employment Simultaneous Owner Employee Singular Workweek Sixth Circuit Skidmore Skycaps Slavery Sleep Time SmithKline Beecham Social Media Social Security Numbers Social Workers SOL Soleley At The Firefighter's Own Option Soliciting Orders Solis v. Tyson Solis v. Washington South Carolina Sovereign Immunity Special Detail Exemption Special Investigators Spoliation Sprint Staffing Agencies Staffing Agency Staff Leasing Company Stage 1 Stage 2 Stage I Stage II Standard on Motion for Decertification Standing Standing of Named Plaintiffs Starbucks State's Rights State Court State Employees State Law State Law Claims State Law Wage and Hour Class State Minimum Wage Laws State Rights Status of Opt-in Plaintiffs Statute of Limitations Statutory Notice Step Outside Normal Job Role Stipulation of Dismissal Stipulations Stock Broker Overtime Class Action Stolen Tips Stolt-Nielsen Stolt–Nielsen Store Manager Store Managers Straight Time Straight Time Overtime Stress Strippers Student-Workers Students Subclaims Subclass Subclasses Subcontractors Subjective Belief Subjective Good Faith Subject Matter Jurisdiction Substantive Right Substantive Statutory Rights Successor in Interest Successor Liability Suffer or Permit Summary Judgment Summary Judgment as to Individual Plaintiffs SuperShuttle Supervise Supplemental Jurisdiction Supplemental Notice Supreme Court Sutherland Sutter Sutter v. Oxford Health Plans LLC Syllabus Symczyk Symczyk v. Genesis HealthCare Corp. T. William Lester Taxicab Exemption Tax Services TCA Technical Corrections Act Teed v. Thomas & Betts Power Solutions Temporary Nonagricultural Workers Temporary Restraining Order Tender Tenth Circuit Test for Joint Employer Test for Successor Liability Under FLSA Thesholds Third-Party Beneficiary Third-Party Payroll Vendor Third-Party Plaintiff Third Circuit Thomas Three-Year Statute of Limitations Threshold Through Ticketing Time and a Half Time and Motion Study Timekeeping Time Records Timothy P. Glynn Tip Tip Credit Tip Credit Damages Tip Damages Tipped Employee Tipped Employees Tipped Minimum Wage Tip Pool Tip Pooling Tip Pool Participants Tip Retention Tips Title II of the Railway Labor Act Tolling Tolling of Statute of Limitations Tolling Statute of Limitations Tom Harkin Total Annual Compensation Tow Truck Trailer Training Costs Training Time Trash Collectors Travel Expenses Travel Time Trial Testimony TRO Truck Driver Truck Drivers Trump Trump DOL Tumbler Twenty-Eight Day Work Period Twenty Minutes Twitter Two Employees Twombly Tyson Foods U.S. Department of Labor U.S. Territories UCLA Study Ultra Filtrated Milk Ultra Filtration Unaccepted Offer of Judgment Unauthorized Aliens Unclean Hands Unconscionability Unconscionable Under Seal Undocumented Undocumented Aliens Undocumented Immigrants Undocumented Workers Unenforceable Union Union Wages Unjust Enrichment Unpaid Breaks Unpaid Exterships Unpaid Gratuities Unpaid Internships Unpaid Overtime Unpaid Wages Unpaid Wagse Unpaid waiting time Unreachable Class Members Unrealized Revenues Unrepresented Untimely Unwaivable Updated Regulations Updating Regulations Urnikis-Negro Uronis v. Cabot Oil & Gas Corp. Used Cars USSC Vacation Buy-Back Variable Pay Varying Straight Time Pay Vehicle Expense Reimbursements Vehicle Expenses Venue Veracity Research Verbal Complaints Videoconference Testimony Videoconferencing Violators Virginia Visa Visa Expenses Voiding Collective Action Waivers Voluntary Settlement Volunteer Volunteer Firefighter W.D.Va. W2 Wachovia Overtime Class Action Wage Abuses Wage and Hour Wage and Hour Class Action Wage and Hour Division Wage and Hour Law Wage and Hour Laws Wage and Hour Lawsuit Wage and Hour Opinion Letters Wage Discrimination Wage Growth Wage Rates Wages Wage Theft Waiting Time Waiver Waiver Absent Arbitration Waiver of Affirmative Defenses Waiver of Attorney-Client Privilege Waiver of Privilege Wal-Mart Wal-Mart ASM's Wal-Mart Overtime Lawsuit Wal-Mart Settlement Wal-mart Stores Wal-Mart Wage and Hour Violations Walden v. State of Nevada Walk Time Walmart Walmart Suppliers Washington Minimum Wage WH-58 Receipt Form WHD White Collar Exemptions Wildland Firefighting Willfulness Wis. Stat. §§ 109.03 Woody Woo Work Work-Study Program Worker Misclassification Workers' Health Work Hours Working Hours Working Papers Work Materials Work Time Workweek Work Week WPCA Wrecking Services Written Notice Wynn Las Vegas Yard Hostler Zheng v. Liberty Apparel Co. Zinni § 203(o) § 203(r)(2)(C) § 207(a)(1) § 207(i) § 207(k) § 215 § 216 § 216(b) § 255(a) § 541.304 § 778.105 § 778.114 § 779.317

Stein v. Buccaneers Ltd. Partnership

This case presented the issue of whether a defendant may moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the named plaintiffs move to certify the class. Joining the majority of circuits that have addressed the issue, the Eleventh Circuit held that it may not.

The Eleventh Circuit described the following relevant procedural history at the court below:

Six named plaintiffs filed this proposed class action in Florida state court against the defendant Buccaneers Limited Partnership (“BLP”). The complaint alleged that BLP sent unsolicited faxes to the named plaintiffs and more than 100,000 others, that the faxes advertised tickets to National Football League games involving the Tampa Bay Buccaneers, and that sending the unsolicited faxes violated the Telephone Consumer Protection Act, see 47 U.S.C. § 227(b)(1)(C), and its implementing regulations, see 47 C.F.R. § 64.1200 & 68.318(d) (2013).

The named plaintiffs sought to represent a nationwide class of recipients of the unsolicited faxes. The complaint demanded statutory damages of $500 per violation, trebled to $1,500 based on BLP’s willfulness, and an injunction against further violations.

The plaintiffs served process on BLP on August 1, 2013. BLP removed the action to federal court on August 16. Three days later, on August 19, BLP served on each named plaintiff an offer of judgment under Federal Rule of Civil Procedure 68. The offer to the first named plaintiff, who alleged in the complaint that he had received three faxes, provided in full.

Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendant, BUCCANEERS LIMITED PARTNERSHIP, hereby offers to allow Judgment to be entered against it in this action in the amount of $4,500.00 as well as all reasonable costs incurred to date by JEFFREY M. STEIN, D.D.S., M.S.D., P.A. to be decided by the Court, and an entry of a stipulated injunction enjoining the Defendant from any future violations of 47 U.S.C. § 227, 47 C.F.R. 64.1200, and 47 C.F.R. 68.318(d). The offer extended herein is intended to fully satisfy the individual claims of JEFFREY M. STEIN, D.D.S., M.S.D., P.A. made in this action or which could have been made in this action, and to the extent the offer extended does not do so, BUCCANEERS LIMITED PARTNERSHIP hereby offers to provide JEFFREY M. STEIN, D.D.S., M.S.D., *701 P.A. with any other relief which is determined by the Court to be necessary to fully satisfy all of the individual claims of JEFFREY M. STEIN, D.D.S., M.S.D., P.A. in the action. This offer of judgment is made for the purposes specified in Federal Rule of Civil Procedure 68, and is not to be construed as either an admission that Defendant, BUCCANEERS LIMITED PARTNERSHIP is liable in this action, or that the Plaintiff, JEFFREY M. STEIN, D.D.S., M.S.D., P.A., has suffered any damage. This Offer of Judgment shall not be filed with the Court unless (a) accepted or (b) in a proceeding to determine costs. The Plaintiff must serve written acceptance of this offer within fourteen (14) days, or this offer will be deemed rejected.

The offers to the other named plaintiffs were identical except for the names of the offerees and amounts of the offers; one was for $7,500, one was for $3,000, and three were for $1,500 each, based on the number of faxes the complaint alleged the offeree had received.

Two days later, on August 21, BLP moved to dismiss for lack of jurisdiction, asserting that the unaccepted Rule 68 offers rendered the case moot.

The motion stirred the plaintiffs to action. On August 22, the plaintiffs moved to certify a class. This was long before the deadline under the Local Rules for filing such a motion. On August 28, the district court denied the motion to certify, saying it was “terse” and “admittedly (in fact, purposefully) premature.”

The Rule 68 offers set the deadline for acceptance as 14 days after service of the offers. The applicable counting rules, see Fed.R.Civ.P. 6, extended the deadline 3 days because the offers were served electronically, and further extended the deadline to the next business day. So the deadline for acceptance was September 9. The plaintiffs did not accept the offers, and the deadline passed.

On October 24, the district court entered an order concluding the action was indeed moot, granting the motion to dismiss, and directing the clerk to close the case. The named plaintiffs received no money, no injunction, and no judgment.

Following the order granting the motion to dismiss the plaintiffs appealed. Noting that the case presented an issue of first impression in the Eleventh Circuit, the panel went through great detail providing the reasoning for its holding.

The Eleventh Circuit began by addressing the procedural mechanics of an unaccepted offer of judgment:

Rule 68 provides: “An unaccepted offer is considered withdrawn, but it does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs.” An unaccepted offer is admissible in a proceeding to determine costs because of Rule 68(d): “If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.” That is the whole point of Rule 68: a party who rejects an offer, litigates, and does not get a better result must pay the other side’s costs. A defendant who wishes to offer complete relief need not invoke Rule 68; the defendant can simply offer complete relief, including the entry of judgment. See, e.g., Doyle v. Midland Credit Mgmt., Inc., 722 F.3d 78, 80–81 (2d Cir.2013). BLP did not do that.

The Court then explained that dismissing a case based an unaccepted offer of judgment is “flatly inconsistent with the rule.” The Court found support for its decision in this regard in the strong decent from the recent Supreme Court case of Symczyk:

Four justices of the United States Supreme Court—the only four who have weighed in on this issue—have adopted precisely this analysis. In Genesis Healthcare Corp. v. Symczyk, ––– U.S. ––––, 133 S.Ct. 1523, 185 L.Ed.2d 636 (2013), a collective action under the Fair Labor Standards Act, the parties stipulated that an unaccepted Rule 68 offer mooted the individual plaintiff’s claim. The majority accepted the stipulation without addressing the issue. Id. at 1528–29. But Justice Kagan, writing for four dissenters, said this:

That thrice-asserted view [that the defendant’s offer mooted the plaintiff’s individual claims] is wrong, wrong, and wrong again. We made clear earlier this Term that “[a]s long as the parties have a concrete interest, however small, in the outcome of the litigation, the case *703 is not moot.” Chafin v. Chafin, 568 U.S. ––––, ––––, 133 S.Ct. 1017, 1023, 185 L.Ed.2d 1 (2012) (internal quotation marks omitted). “[A] case becomes moot only when it is impossible for a court to grant any effectual relief whatever to the prevailing party.” Ibid. (internal quotation marks omitted). By those measures, an unaccepted offer of judgment cannot moot a case. When a plaintiff rejects such an offer—however good the terms—her interest in the lawsuit remains just what it was before. And so too does the court’s ability to grant her relief. An unaccepted settlement offer—like any unaccepted contract offer—is a legal nullity, with no operative effect. As every first-year law student learns, the recipient’s rejection of an offer “leaves the matter as if no offer had ever been made.” Minneapolis & St. Louis R. Co. v. Columbus Rolling Mill, 119 U.S. 149, 151, 7 S.Ct. 168, 30 L.Ed. 376 (1886). Nothing in Rule 68 alters that basic principle; to the contrary, that rule specifies that “[a]n unaccepted offer is considered withdrawn.” Fed. Rule Civ. Proc. 68(b). So assuming the case was live before—because the plaintiff had a stake and the court could grant relief—the litigation carries on, unmooted.

For this reason, Symczyk’s individual claim was alive and well when the District Court dismissed her suit. Recall: Genesis made a settlement offer under Rule 68; Symczyk decided not to accept it; after 10 days [the rule now says 14], it expired and the suit went forward. Symczyk’s individual stake in the lawsuit thus remained what it had always been, and ditto the court’s capacity to grant her relief. After the offer lapsed, just as before, Symczyk possessed an unsatisfied claim, which the court could redress by awarding her damages. As long as that remained true, Symczyk’s claim was not moot, and the District Court could not send her away empty-handed. So a friendly suggestion to the Third Circuit: Rethink your mootness-by-unaccepted-offer theory. And a note to all other courts of appeals: Don’t try this at home. Symczyk, 133 S.Ct. at 1533–34 (Kagan, J., dissenting). BLP invites us to try this at home. We decline.

At least one circuit has explicitly adopted the position set out in the Symczyk dissent. See Diaz v. First Am. Home Buyers Prot. Corp., 732 F.3d 948, 954–55 (9th Cir.2013). Before Symczyk, at least two other circuits took a different approach, holding that an unaccepted Rule 68 offer for full relief moots an individual claim. See O’Brien v. Ed Donnelly Enters., Inc., 575 F.3d 567, 575 (6th Cir.2009); McCauley v. Trans Union, L.L.C., 402 F.3d 340 (2d Cir.2005). But even those decisions said a plaintiff’s claims could not just be dismissed as was done here; the proper approach, the courts said, was to enter judgment for the plaintiff in the amount of the unaccepted offer.

We agree with the Symczyk dissent. But even if we did not, we would be unable to affirm the dismissal of the plaintiffs’ claims without the entry of judgment for the amount of the Rule 68 offers.

The court also reasoned that the language in the individual offers of judgment at issue, stating that the offers were withdrawn if not accepted within 14 days, also supported its decision.

Although not discussed in great detail here, in a second/alternative holding, the Court also adopted the majority view that a motion for class certification can “relate back” to avoid allowing a defendant to “pick off” a class action by attempting to tender an offer of judgment to the named plaintiffs alone.

Of note, on the same day that it issued this decision, the Eleventh Circuit issued two decisions in similar cases in which they reversed the respective trial court’s dismissals based on mootness grounds. Although none of the three decisions discussed claims brought pursuant to the FLSA and the opt-in mechanism of 29 U.S.C. § 216(b), at least one district court applied the now binding authority to an FLSA case less than a week after the decision, in a case pending in the Southern District of Florida, Collado v. J. & G. Transport, Inc.

With this trifecta of cases and the cases that have already followed suit in the less than one month since the cases were decided, hopefully this illogical defense tactic will now finally be put to bed.

Click Stein v. Buccaneers Ltd. Partnership to read the entire decision, and Collado v. J. & G. Transport, Inc. to read that decision.

Tags: , , , , , , , , , ,

By in Mootness, Offer of Judgment on .

Discover more from Overtime Law Blog

Subscribe now to keep reading and get access to the full archive.

Continue reading