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Minimum Wage › Pleading Standards

Epstein Becker & Green

Recent Appellate Decision May Make New York Employers Vulnerable to Liquidated Damages for Violating New York’s “Frequency of Pay”...

Epstein Becker & Green on

On September 10, 2019, the Appellate Division of the New York Supreme Court for the First Department ruled in Vega v. CM & Associates Construction Management, LLC that “manual workers” who receive full pay but are paid “late”...more

Eversheds Sutherland (US) LLP

The Ninth Circuit Raises Pleading Standards for FLSA Plaintiffs

Eversheds Sutherland (US) LLP on

The U.S. Court of Appeals for the Ninth Circuit makes pleading Fair Labor Standards Act (FLSA) violations more difficult by applying the heightened standard in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Twombly Standard of Specificity Applies to FLSA Pleadings

Sheppard Mullin Richter & Hampton LLP on

On November 12, 2014, in Greg Landers v. Quality Communications Inc., the Ninth Circuit clarified a previously unsettled point of law by confirming that Fair Labor Standards Act (FLSA) pleadings must meet the specificity...more

Proskauer - Law and the Workplace

The Ninth Circuit Provides Employers With An Assist In Dismissing FLSA Actions

Proskauer - Law and the Workplace on

Employers have long known that the Supreme Court’s decisions in Twombly and Iqbal provide them with a powerful weapon in moving to dismiss broadly worded complaints filled with conclusory allegations but little factual...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

Sheppard Mullin Richter & Hampton LLP on

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more

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