Supreme Court to consider practice of “picking off” plaintiffs in FLSA collective actions

Keep an eye on this case, which raises the question whether
a defendant in a wage and hour case can make an offer of judgment under Rule 68
to the named plaintiff in a putative collective action under the Fair
Labor Standards Act and thereby render the case moot whether the plaintiff
accepts the offer or not. One embedded issue is whether
a Rule 68 offer can ever moot an individual case if the party to whom the offer
is made declines the offer. It’s set to be argued on Monday.

The briefs can be found here.

(Disclosure: Public Citizen is co-counsel for the

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