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Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

“The Last Inch Is The One That Counts”  The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523, 1528 (2013).  The plaintiff in Silva filed a proposed … Continue Reading
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