Authored by Kyle Petersen
For years, employers have been frustrated by lengthy and costly FLSA litigation prompted by little more than conclusory allegations that the plaintiff and a putative class were not paid for all of their overtime work. Since the Supreme Court clarified the federal pleading standards in Twombly and Iqbal, the doors to the courthouse may be
Continue Reading Not So Fast: 9th Circuit Puts the Brakes on Boilerplate, Bare Bones FLSA Complaints
Authored by Jacob Oslick
The days of cursory pleading in FLSA cases have ended. That’s the message the Third Circuit sent a few days before Labor Day, when it issued Davis v. Abington Memorial Hospital. In Davis, the Third Circuit held that it wasn’t sufficient for the plaintiffs, a group of nurses, to generically allege that they “typically”
Continue Reading The Third Circuit: The FLSA Requires Fair Pleading Standards
Co-authored by Robert S. Whitman and Howard M. Wexler
Last summer, the Second Circuit issued a flurry of decisions clarifying the pleading standard in FLSA cases. In one of those cases, Dejesus v. HF Management Services, LLC, the court held that, in order to state a valid overtime claim after the Supreme Court’s decisions in Iqbal and Twombly,
Continue Reading No Bones About It: Courts Within Second Circuit Continue to Dismiss “Bare Bones” FLSA Complaints