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Genesis Healthcare Corp. v. Symczyk : ウィキペディア英語版 | Genesis Healthcare Corp. v. Symczyk
''Genesis HealthCare Corp. v. Symczyk '', ___ U.S. ___ (2013), was a decision by the United States Supreme Court dealing with the justiciability doctrine of mootness. ==Background==
The Fair Labor Standards Act of 1938 (FLSA) provides that all employees have the right to full pay for forty hours of work in any given week. Laura Symczyk, a nurse working for Genesis HealthCare, alleged that her employer would regularly dock thirty minutes of pay per shift for its employees as meal time, regardless of whether the employee actually took a meal break. Under the FLSA, an aggrieved employee can sue not only on her own behalf, but on behalf of all co-workers who have similarly been injured. This is called a "collective action," which is roughly (but not completely) similar to a class action. Symczyk filed a collective action suit under the FLSA, and her employer thereafter offered her $7,500 in unpaid wages plus attorneys fees and other costs and expenses, which would have fully satisfied her individual claim. After she failed to respond to the offer, Genesis moved to dismiss the suit, arguing that through her failure to accept satisfaction, in full, of her claim for relief, she no longer had any interest in the litigation. Symczyk argued that her employer was simply attempting a "pick off" - by satisfying her claim, Genesis could avoid facing the collective action suit on behalf of the other employees. The district court found that because no other employees had joined the collective action and because Symczyk had been offered full relief, her claim was moot. The United States Court of Appeals for the Third Circuit agreed that Symczyk's personal claim was moot, but authorized her to proceed with the collective action.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Genesis Healthcare Corp. v. Symczyk」の詳細全文を読む
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