Skip to main content
  • Personal
  • Business
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • customerSupport Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
    SHRM26 Annual Conference

    At SHRM26 join the global HR community that comes together not just to keep up — but to grow, connect, and move forward together. Register Today

SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
      Secure your membership
  • Learning
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • Register for the SHRM US Batch
      • Self-Study for your SHRM CP/SCP Certification
      • Book your SHRM CP/SCP Exam
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Certificate Programs
      • ACHRM
      • CEHRM
      • AI in HR
      • ACE.W
      • PMQ
      • Seminars
      eLearning
  • Events
    • MENA Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • MENA Annual Conference
      • CEO Academy
      • SHRM Leadership Circle
      Global Events
      • US Annual Conference
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR-X Framework
      • Flagships
      • HR Research
      • Tools & Guides
      • Webinars
      • SHRM MENA Newsletters
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Talent Acquisition
      • HR Technology
      • Workplace Violence Prevention
  • Partners
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
      Secure your membership
  • Learning
    back
    Learning
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • Register for the SHRM US Batch
      • Self-Study for your SHRM CP/SCP Certification
      • Book your SHRM CP/SCP Exam
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Certificate Programs
      • ACHRM
      • CEHRM
      • AI in HR
      • ACE.W
      • PMQ
      • Seminars
      eLearning
  • Events
    back
    Events
    • MENA Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • MENA Annual Conference
      • CEO Academy
      • SHRM Leadership Circle
      Global Events
      • US Annual Conference
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR-X Framework
      • Flagships
      • HR Research
      • Tools & Guides
      • Webinars
      • SHRM MENA Newsletters
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Talent Acquisition
      • HR Technology
      • Workplace Violence Prevention
  • Partners
Become a Member
Renew
Rejoin Now
Renew
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Employment Law & Compliance
  2. Overtime Complaint Was Sufficient by Alleging over 40 Hours Worked Each Week
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

Overtime Complaint Was Sufficient by Alleging over 40 Hours Worked Each Week

December 19, 2023 | Jeffrey Rhodes

​Takeaway: About 15 years ago, the U.S. Supreme Court imposed a higher pleading standard on federal court complaints that requires enough specificity to make the claims plausible. Courts have interpreted the standard generously under the Fair Labor Standards Act (FLSA) to allow overtime claims to proceed without specifying the number of hours worked each week.

The 2nd U.S. Circuit Court of Appeals recently overturned a federal district court decision finding that a Fair Labor Standards Act (FLSA) overtime claim did not provide the required level of detail to survive a motion to dismiss.

The plaintiffs worked for Dover Street Market New York (DSMNY) in New York City as an assistant floor manager, floor manager and sales manager for a period during which they were not paid an overtime premium for hours worked in excess of 40 hours per week.

During the times in which the plaintiffs held these titles, they were classified by DSMNY as exempt from the overtime pay requirements of the FLSA and the New York Labor Law, and paid on a salary basis. The plaintiffs claimed that, although these job titles contain the term manager, the plaintiffs' actual duties were nonmanagerial.

The plaintiffs regularly scheduled hours consisted of five shifts each week. Each plaintiff was assigned to either the opening shift, which was generally scheduled from 9 a.m. to 6 p.m., or the closing shift, which was generally scheduled from 10:15 a.m. to 7 p.m. In their complaint, the plaintiffs alleged they were not completely relieved from duty during lunch breaks. They further alleged that they worked four or five hours in excess of 40 hours per week purely from their schedule for each week that they worked in one of these positions.

The plaintiffs alleged that they also frequently worked additional hours that were not part of the regular schedules. For the closing shift, they alleged that they did not finish their duties and leave the building until 8 p.m. or later. They claimed that they also had to engage in post-work duties, such as drafting and sending end-of-day reports and messaging clients, which required approximately five hours per week. They also claimed that they worked an additional three hours per week handling shipments of new merchandise, which arrived every Tuesday and Thursday.

The plaintiffs also alleged that a seasonal changeover of merchandise occurred twice in 2018, during which the plaintiffs who were then employed were also required to work two 13-hour shifts in a single week in addition to their base hours. Certain named plaintiffs alleged that they worked additional hours during specific weeks.

Court Action

In June 2021, the plaintiffs filed suit and moved to certify a class. The defendants moved to dismiss the complaint, and the district court eventually granted the motion, describing the complaint as long on generalities and short on specifics. The district court pointed to gaps in the factual allegations, such as a failure to allege how often or for how long the plaintiffs were required to work during lunch breaks.

In the district court's view, it was simply not plausible that every plaintiff worked at least 58 [CA1] hours every week they were an exempt employee. The court also found that the complaint was plagued by problems created by group pleading. It noted a lack of specificity in calculating the hours worked, including the plaintiff's failure to allege how often or for how long they were required to work during lunch breaks.

On appeal, the 2nd Circuit recognized that it has previously demanded that plaintiffs provide some degree of specificity in order to sufficiently plead an FLSA overtime claim. This requires that plaintiffs must specifically allege that they worked 40 hours in a given workweek, as well as some uncompensated time in excess of the 40 hours.

The 2nd Circuit found that the complaint satisfied this requirement by alleging that the plaintiffs worked five shifts each week, with each shift lasting between 8.75 or nine hours, amounting to between 43.75 hours and 45 hours of work per regular week. In addition, the complaint alleged that the plaintiffs were regularly required to work during lunch, which would result in them working overtime every week without compensation.

As a result, the 2nd Circuit found that the complaint was sufficient and reversed the judgment of the district court.

Abbott v. Comme des Garcons Ltd., 2nd Cir., No. 22-cv-1962 (Oct. 16, 2023).

Jeffrey Rhodes is an attorney with McInroy, Rigby & Rhodes LLP in Arlington, Va.

Compliance
Pay Communications
Pay Equity

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
Leveraging Mobile Technologies to Engage a Distributed Workforce

Transform HR with mobile technology to streamline workflows, enhance communication, and boost employee engagement across distributed teams.

Two young colleagues working together at modern office
(opens in a new tab)
News
Performance-Based Assessments Beat Knowledge Tests in Evaluating Employee Learning

A new study found that talent development practitioners believe performance-based assessments are more effective at measuring employee learning outcomes than knowledge tests.

(opens in a new tab)
News
How AI Is Redesigning, Not Replacing, HR and Other Jobs

As AI makes deeper inroads into organizations, employee concerns about the technology continue to grow. Here's how HR leaders can address the fear of AI among their own staff, as well as in the wider organization.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Academy Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview


  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM MENA
  • Ask an Advisor
  • SHRM Newsletter
  • Copyright & Permission
Contact Us


Email: SHRM.MEA@shrm.org
Landline: +971 43649464

SHRM KSA Office (Riyadh)
+966507266968

SHRM UAE Office (Dubai)
+971581101786


© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Exclusive Executive-Level Content

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

 

View Member Benefits Guide

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now