United States Ninth Circuit

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Landers v. Quality Communications, 12-15890

In this action brought under the Fair Labor Standards Act (FLSA) for defendants' alleged failure to pay minimum wages and overtime wages, dismissal is affirmed, where: 1) under Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint brought under the FLSA cannot merely allege that the employer failed to pay minimum wages or overtime wages, but must plausibly state such a claim; and 2) the complaint in this case did not state a plausible claim because it did not allege facts showing that there was a specific week in which plaintiff was entitled to but denied minimum wages or overtime wages.

Appellate Information

  • Decided 11/12/2014
  • Published 11/12/2014

Judges

  • Rawlinson

Court

  • United States Ninth Circuit

Counsel

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