The Third Circuit: The FLSA Requires Fair Pleading Standards

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” worked forty-hour weeks and “frequently” worked extra time.  Instead, in order to plead a “plausible” claim, the plaintiffs needed to allege that they actually worked unpaid extra time during a week when they worked at least forty-hours.  Because the plaintiffs failed to allege a single week in which they actually worked unpaid overtime, the Third Circuit affirmed the dismissal of their claims.

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