Franchisor is Not the Employer of Franchisee’s Employee Under the FLSA, So Says the Fifth Circuit Court of Appeals

By | Franchise Law Update | September 17, 2014
Franchisor is Not the Employer of Franchisee’s Employee Under the FLSA, So Says the Fifth Circuit Court of Appeals

Plaintiffs have recently been stretching the limits of who is their employer for purposes of protection under state and federal employment laws.  We recently reported about a case against 7-Eleven where the Court refused to dismiss a complaint filed by the franchisee’s employees against the franchisor where the employees argued that the franchisor was, for purposes of the federal Fair Labor Standards Act (“FLSA”), their employer.

No Bones About It: Courts Within Second Circuit Continue to Dismiss “Bare Bones” FLSA Complaints

No Bones About It:  Courts Within Second Circuit Continue to Dismiss “Bare Bones” FLSA Complaints

Last summer, the Second Circuit issued a flurry of decisions clarifying the pleading standard in FLSA cases.  In one of those cases, Dejesus v. HF Management Services, LLC, the court held that, in order to state a valid overtime claim after the Supreme Court’s decisions in Iqbal and Twombly, “a plaintiff must sufficiently allege 40 hours of work in a given workweek as well as some uncompensated time in excess of the 40 hours.”