No Bones About It: Courts Within Second Circuit Continue to Dismiss “Bare Bones” FLSA Complaints

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, “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 in 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.

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