Tag Archives: Twombly

Rounding down is still a pay violation

The W.D. Missouri court denied the company’s motion to dismiss on the basis that rounding down is a pay violation (and not de minimis).  You can read the order here.  These are some excerpts from the order:

112. Defendants further reduce its [sic] employees’ work hours by rounding their hours to the nearest quarter hour of time to their detriment (i.e., the rounding did not average out to equally benefit Defendants and its [sic] employees over time) which results in Defendants not paying its [sic] employees for all time worked. This practice results in Plaintiffs and all other similarly situated employees being denied wages including overtime premiums and Defendants’ illegal rounding practices are not de minimus. [sic]

113. Even though Defendants had a computerized timekeeping system in place and could have easily recognized and paid Plaintiffs’ and other similarly situated employees’ actual hours worked, Defendants deliberately disregarded the system’s records and rounded Plaintiffs’ and other similarly situated employees work time down to the nearest quarter of an hour.”

114. Defendants willfully and illegally rounded Plaintiffs’ and other similarly situated employees’ work time down to the nearest quarter of a [sic] hour.

via W.D.Mo.: Plaintiffs Sufficiently Pled a “Rounding” Claim, Where Alleged Defendants’ Policy of Rounding Resulted in Improper Denial of Wages | Overtime Law Blog | FLSA Decisions.

 

 

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Iqbal and Rule 8

How does a Plaintiff strike a balance between Rule 8 and Iqbal/Twombly?  That is the question that I think, many of us wants to know.

In Gumble v. Metro Housing, Court File No. 11-cv-228, the District Court of Minnesota dismissed a 59-page complaint (and 250 paragraphs) with leave to amend. It is of note to say that case had 7 plaintiffs and 10 defendants.  In sum, the Court required the complaint be limited to 10,000 words. 

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