Category Archives: Pleadings
W.D.Mo.: Plaintiffs Sufficiently Pled a “Rounding” Claim, Where Alleged Defendants’ Policy of Rounding Resulted in Improper Denial of Wages
McClean v. Health Systems, Inc. The Plaintiffs, Certified Nursing Assistants (“CNAs”) for Defendant, claimed that they were required to work off the clock during automatically deducted meal breaks, during mandatory meetings and training sessions, and while performing mandatory data entry … Continue reading
Filed under Break Time, Pleadings, Recordkeeping, Wage Theft, Work Time
9th Cir.: Complaint That Failed To Allege Entity Exercised Control Over Nature And Structure Of The Employment Relationship Did Not Properly Allege Defendant Was “Employer”
Dianda v. PDEI, Inc. Plaintiff-appellant Joseph Dianda worked for two days as a “best boy” in the production of a television commercial, but was allegedly paid three days late. Dianda sued the production company and PDEI, Inc. (“PDEI”) for various … Continue reading
Filed under Employer, Pleadings, State Law Claims
11th Cir.: Although § 255(a)’s Statute Of Limitations Is An Affirmative Defense That Must Be Specifically Pled, Defendants Sufficiently Did So With Language Referencing 2-3 Year Period In Their Pleadings
Following a jury verdict in favor of the Defendants, the Plaintiff appealed, based on a jury instruction the Court gave regarding the FLSA’s 2-3 statute of limitations. Specifically, the Plaintiffs asserted that the Court erred in giving an instruction framing … Continue reading
Filed under Affirmative Defenses, Pleadings
M.D.Pa.: Although Sovereign Immunity Bars FLSA Suit Against State Of Pennsylvania, State Official May Be Sued In His Official Capacity For Non-Monetary Declaratory Relief
Dino v. Pennsylvania Plaintiffs filed a collective action to enforce the provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., against the Commonwealth and against Defendant Beard in his official and personal capacities. Specifically, Plaintiffs … Continue reading
Filed under Pleadings, Sovereign Immunity
S.D.Ind.: Pursuant to FRCP 9(b), Generalized Allegations Of Willfulness Sufficient To Survive Motion To Dismiss Relating To Statute Of Limitations
Bockler v. R.J. McGough & Associates, Inc. This cause is before the Court on the Defendant’s Motion to Dismiss and Plaintiff’s Motion to Amend his Complaint. Specifically, Defendant sought to have the Complaint dismissed on statute of limitations grounds, averring … Continue reading
Filed under Pleadings
