United States Third Circuit

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Davis v. Abington Memorial Hospital, 12-3512

Order dismissing the third amended complaint in five cases that arose from plaintiffs' allegations that defendant-employers implemented timekeeping and pay policies that failed to compensate for all hours worked in violation of the Fair Labor Standards Act (FLSA) and Pennsylvania Law is affirmed, where: 1) none of the named plaintiffs alleged a single workweek in which they worked overtime, and of those who alleged that they "frequently" worked overtime, none indicated with sufficient specificity that they had worked extra hours during a typical week; 2) pure gap time claims are not cognizable under the FLSA; and 3) because plaintiffs were on notice as to the deficiencies in their complaints, it was not an abuse of discretion to deny leave to file a fourth amended complaint.

Appellate Information

  • Decided 08/26/2014
  • Published 08/26/2014


  • Chagares


  • United States Third Circuit


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