Blog Post
Nov 7, 2013
Employee “Pleads” For Supreme Court to Revive “Bare Bones” FLSA Complaint
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 under the Supreme Court’s decisions in Iqbal and Twombly , “a plaintiff must sufficiently allege 40 hours of work in a given workweek as well as some uncompensated time in excess of the 40 hours.” The Second Circuit affirmed the dismissal of Dejesus because the plaintiff failed to estimate her hours or provide any factual context for how many hours she worked, and criticized her complaint as merely a “rephrasing” of the FLSA’s requirements made to appear as factual statements.
The plaintiff in Dejesus has now filed a petition for certiorari with the Supreme Court, asking the Justices to decide the proper pleading standards for FLSA claims.