No Bones About It: Second Circuit Chastises “Bare Bones” Complaint

The message in the Second Circuit is clear:  a bare-bones complaint for unpaid overtime that just restates the text of the Fair Labor Standards Act will not do.  To survive a motion to dismiss, a plaintiff will have to put some factual meat on those bones.

In Dejesus v. HF Management Services, LLC [here], the Second Circuit reviewed an order dismissing an overtime complaint in which the plaintiff claimed that, during the three years she worked for the employer, she “worked more than forty (40) hours in a week for Defendant in some or all weeks, but was not paid at a rate of at least 1.5 times her regular rate for each and all hours worked in excess of forty hours in a week” (emphasis in original).  Since this sentence was the extent of the detail of her factual allegations about unpaid overtime, the District Court held that the plaintiff failed to properly allege that she actually worked overtime without the proper pay.

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