Last month, the 9th Circuit held that a plaintiff seeking minimum wages and/or overtime under the FLSA must do more than simply allege that their employer failed to pay overtime. Instead, an employee seeking overtime must allege that they worked more than 40 hours in a specific workweek without being compensated for the hours worked in excess of 40 during that workweek. The employee need not plead the number of hours worked with “mathematical precision,” but must allege that there was a specific week in which the employee was entitled to, but denied, minimum wages or overtime. This decision sets a clearer standard for when an employer should seek dismissal of claims for minimum wages/overtime brought in federal court.
The 9th Circuit’s decision is here: