tag:blogger.com,1999:blog-2397279516357457393.post1240317095757088692..comments2009-07-28T09:44:13.124-04:00The Womble Carlyle Teamhttp://www.blogger.com/profile/14543558843949112918noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2397279516357457393.post-79257836552732249642009-07-28T09:44:13.124-04:002009-07-28T09:44:13.124-04:00On July 22, Senator Arlen Specter introduced a bill designed to reverse both Iqbal and Twombly. The "Notice Pleading Restoration Act of 2009" would prohibit dismissals of federal court complaints "except under the standards set forth by the Supreme Court of the United States in Conley v. Gibson, 355 U.S. 41 (1957)." We'll see what happens next; federal judges are extremely reluctant to take stock in newly-introduced bills as an indication of which way the legislative winds are blowing, but if there's already a reluctance to dismiss on a "technicality," the bill may have some effect.Charlie Edwardshttp://wcsr.comnoreply@blogger.comtag:blogger.com,1999:blog-2397279516357457393.post-74524269916805542592009-07-06T11:05:28.215-04:002009-07-06T11:05:28.215-04:00This is true as far as it goes, but if the plaintiff is being treated as exempt and believes that characterization is incorrect, there seems to be no harm - and, in fact, much good - in saying so in the complaint. There is no administrative filing which is a prerequisite to the bringing of an FLSA action, and often there is no demand letter either, so the typical notice pleading furnishes no notice at all. If this seems unduly employer-oriented, that's the admitted viewpoint of this blog.The Womble Carlyle Teamhttp://www.blogger.com/profile/14543558843949112918noreply@blogger.comtag:blogger.com,1999:blog-2397279516357457393.post-84856492892446236292009-06-30T20:24:57.817-04:002009-06-30T20:24:57.817-04:00Seems odd that several items on the "wish list" for pleadings are not elements of the plaintiff's claim. For example, exemption is an affirmative defense. Therefore, an allegation of "misclassification as exempt" is responding to an affirmative defense that may or may not be asserted. From the worker's prospective, maybe employer's will stop answering with "plaintiff was exempt under one or more of the FLSA's exemptions." Employers will have to explain, on the front end, they did not pay overtime.rexhttp://www.blogger.com/profile/16367781788378035976noreply@blogger.com