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Gomez v. Campbell-Ewald Co.

Articles Discussing Case:

U.S. DOL Issues Guidance on Joint Employment under the FLSA and MSPA

Jackson Lewis P.C. • January 22, 2016
On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant Seasonal Agricultural Worker Protection Act (MSPA). This sub-regulatory guidance largely reflects existing WHD policy. However, it confirms how broad the DOL’s view of the concept of joint employment is, and it signals that the DOL will aggressively enforce the FLSA and MSPA against those it believes to be joint employers.

An Offer They Can Refuse: SCOTUS Takes Some Power Away From Offers For Complete Relief

Fisher Phillips • January 21, 2016
Today, the Supreme Court limited employers’ ability to proactively and inexpensively end class action litigation before it takes off. In a 6 to 3 decision, the Court held that a defendant making a complete offer of relief to a plaintiff does not serve to kill the case, and more importantly, the plaintiff can still move forward with class action litigation. Gomez v. Campbell-Ewald Co.

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

Ogletree Deakins • January 21, 2016
On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. “Like other unaccepted contract offers,” the Court wrote, an unaccepted settlement offer “creates no lasting right or obligation. With the offer off the table, and the defendant’s continuing denial of liability, adversity between the parties persists.” The Court also found that not all government contractors are entitled to “derivative sovereign immunity.” Campbell-Ewald Co. v. Gomez, No. 14-857, Supreme Court of the United States (January 20, 2016).

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