Takeaway: About 15 years ago, the U.S. Supreme Court imposed a higher pleading standard on federal court complaints that requires enough specificity to make the claims plausible. Courts have interpreted the standard generously under the Fair Labor Standards Act (FLSA) to allow overtime claims to proceed without specifying the number of hours worked each week.
The 2nd U.S. Circuit Court of Appeals recently overturned a federal district court decision finding that a Fair Labor Standards Act (FLSA) overtime claim did not provide the required level of detail to survive a motion to dismiss.
The plaintiffs worked for Dover Street Market New York (DSMNY) in New York City as an assistant floor manager, floor manager and sales manager for a period during which they were not paid an overtime premium for hours worked in excess of 40 hours per week.
During the times in which the plaintiffs held these titles, they were classified by DSMNY as exempt from the overtime pay requirements of the FLSA and the New York Labor Law, and paid on a salary basis. The plaintiffs claimed that, although these job titles contain the term manager, the plaintiffs' actual duties were nonmanagerial.
The plaintiffs regularly scheduled hours consisted of five shifts each week. Each plaintiff was assigned to either the opening shift, which was generally scheduled from 9 a.m. to 6 p.m., or the closing shift, which was generally scheduled from 10:15 a.m. to 7 p.m. In their complaint, the plaintiffs alleged they...
A person in his 30s who demanded compensation for alleged foreign substances in cup noodles and the absence of meat in stir-fried pork was sentenced to prison in both the first trial and the appel...