2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out

This month marked the anniversary of a Second Circuit panel’s unanimous ruling in Herrera v. Comme Des Garçons Ltd. that workers didn’t have to specify the weeks they allegedly worked more than 40 hours without overtime pay in order to survive a motion to dismiss.

Domenique Camacho Moran shared her insight with Law360 reflecting on how the ruling has subtly reshaped the way overtime claims are structured to meet the court’s minimum pleading standards.

From the article:

Domenique Camacho Moran of management-side firm Farrell Fritz PC, said she can see the ruling as helpful to workers.

The decision “does educate plaintiffs’ lawyers so that even though they’re not providing a lot of information in the pleading, what we see is a closer compliance with what the court says is just enough to get past the motion to dismiss,” she said.

Read the article here (subscription is required):

2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out – Law360 Employment Authority