A complaint alleging that employees were misclassified as managers and regularly worked more than 40 hours per week had sufficient allegations to keep the Fair Labor Standards Act (FLSA).
In Abbott v. Comme Des Garcons, Ltd., former employees of the Japanese fashion label's retail store in New York alleged that their regularly scheduled workweek consisted of more than 40 hours of work.
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.