Gaps In Time and Pleading Doom FLSA Claims In Second Circuit

Employers can benefit from calling out plaintiffs who hide the ball and assert unpaid “gap time” wages in complaints under the Fair Labor Standards Act.

That’s the primary message from the Second Circuit’s opinion in Lundy v. Catholic Health Sys. of Long Island, which affirmed the dismissal of a putative FLSA collective action brought by nurses against a series of health-care providers.

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