Employment – FLSA; Pleading Requirement 

Posted: 1:00 am Mon, November 9, 2009
By admin
Tags: Employment

Where drivers for pizza-delivery restaurants were required to pay for their own automobile expenses and gas; the drivers received regular hourly wages and a set dollar amount for each of their deliveries; and plaintiff allege that the employer violated the minimum-wage provisions of the Fair Labor Standards Act but they have failed to identify their hourly pay rates, the amount of their per-delivery reimbursements, or the amounts generally expended in delivering pizzas; the District Court concludes that the drivers have failed to include sufficient factual information to state a claim for relief because they fail to allege facts that would permit the court to infer that the drivers actually received less than the minimum wage.