FLSA Pleading: Mathematical Precision Not Required

Seyfarth Synopsis: The Supreme Court's decision in Iqbal on the requirement of specificity in pleading provided the guidance that "determining whether a plausible claim has been pled is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Ashcroft v. Iqbal, 556 U.S. 662, 663-64 (2009). The Second Circuit recently addressed the level of specificity to successfully state a claim for unpaid overtime under the Fair Labor Standards Act. In what some might deem a softening of the standard, the court held that Plaintiffs must simply allege 40 hours of work in a workweek as well as some uncompensated time in excess of the 40 hours.