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Second Circuit Says That Overtime Claims Lacking Specificity Fail



by Sutherland Asbill Brennan LLP - Washington Office

August 9, 2013

Previously published on August 9, 2013

On August 5, 2013, the U.S. Court of Appeals for the Second Circuit issued its third opinion since May of this year in Dejesus v. HF management Services, LLC, affirming the dismissal of Fair Labor Standards Act (FLSA) claims that lacked specific allegations of 40 hours of work in a given workweek, in addition to some uncompensated time in excess of 40 hours. The plaintiff in Dejesus sought unpaid overtime compensation by generally alleging that she “worked more than forty hours per week during ‘some or all weeks’ of her employment...in violation of the FLSA,...[and] was not paid at a rate of at least 1.5 times her regular wage for each hour in excess of forty hours.” The plaintiff also alleged that her employer “‘failed to include the commission payments in the calculation of [her] overtime pay.” Finding that the plaintiff failed to adequately plead she was an employee entitled to overtime and she actually worked overtime without compensation, the district court granted the employer’s motion to dismiss.


 

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