To Moot or Not to Moot - The First FLSA Case in Texas to Grapple with the Genesis Healthcare Ruling

What happens when an object with greater mass collides with a smaller object?  Yes, the smaller object typically bears the brunt of the force and splits into two or more pieces.  According to a recent decision by Judge Keith Ellison of the Southern District of Texas, this is exactly what happens when Fifth Circuit precedent collides with the Supreme Court’s groundbreaking ruling in Genesis Healthcare Corp. v. Symczyk (see our prior blogs regarding that case here and here).

In Silva v. Tegrity Personnel Services, Inc., Judge Ellison ruled that Genesis Healthcare partially overturned prior Fifth Circuit precedent, making it easier for employers in Texas, Louisiana, and Mississippi to pick-off FLSA collective actions even when a Rule 68 offer of judgment is not accepted.  Like peering back into the planetary collisions of the early universe, this case give us a glimpse into the early aftermath of Genesis Healthcare.  Cosmologist and wage/hour practitioners should continue reading…

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