Explore how motions to dismiss can be used effectively in wage and hour disputes. Learn key arguments, legal strategies, and case law examples that impact employment litigation.

Wage and hour disputes are among the most common employment litigation matters, often involving allegations under the Fair Labor Standards Act (FLSA) and related state labor laws. Filing a motion to dismiss is a powerful strategy for employers to challenge weak or legally deficient wage claims early in the litigation process.

This guide explains how to leverage motions to dismiss in wage and hour cases, including key defenses, legal strategies, and real-world examples.

FAQs About Motions to Dismiss in Wage and Hour Disputes

What Is a Motion to Dismiss in Wage and Hour Cases?

A motion to dismiss is a procedural tool that asks the court to throw out part or all of a lawsuit before it proceeds to discovery. In wage and hour cases, defendants typically argue that:

• The plaintiff has failed to state a claim under applicable labor laws.

• The court lacks jurisdiction over the claim.

• The complaint is time-barred by the statute of limitations.

• The plaintiff lacks standing (especially in collective or class actions).

When Can Employers File a Motion to Dismiss?

Employers typically file a motion to dismiss:

• After receiving the initial complaint but before filing an answer.

• Within 21 days of being served (under Federal Rules of Civil Procedure 12(b)) unless an extension is granted.

⚖ Pro Tip:
Early dismissal saves time and money by avoiding costly discovery phases.

What Are Common Grounds for Dismissal in Wage and Hour Disputes?

Common legal arguments in motions to dismiss wage and hour claims include:

Ground Example Failure to State a Claim Plaintiff fails to allege overtime worked or unpaid minimum wages under the FLSA. Statute of Limitations Plaintiff files claims after the two- or three-year FLSA limitations period expired. Lack of Standing Plaintiff lacks an employment relationship with the defendant. Preemption State law claims preempted by federal labor statutes. Exemptions Plaintiff falls under FLSA exemptions (e.g., executive, administrative, professional).

How Do Courts Evaluate Motions to Dismiss in Wage and Hour Cases?

When assessing a motion to dismiss, courts will:

• Assume the plaintiff's factual allegations are true.

• Determine whether the allegations state a plausible claim under Twombly and Iqbal standards.

• Apply strict scrutiny to fraud-based claims (e.g., intentional misclassification) under Rule 9(b).

📚 Key Precedents:

• Ashcroft v. Iqbal (2009): Pleadings must show a "plausible" entitlement to relief.

• Bell Atlantic Corp. v. Twombly (2007): Complaints must contain enough factual matter to suggest liability.

What Are Some Notable Wage and Hour Cases Where Motions to Dismiss Succeeded?

Case Result Lundy v. Catholic Health System Dismissal upheld where plaintiff failed to plead specific unpaid overtime hours. Dejesus v. HF Management Services Vague allegations of unpaid overtime deemed insufficient for survival. Nakahata v. New York-Presbyterian Generalized claims of "missed breaks" and "unpaid wages" dismissed.

What Happens If the Motion to Dismiss Is Denied?

If the court denies the motion:

• The case proceeds to discovery.

• The employer may still challenge the claims later through summary judgment or trial.

• Settlement negotiations may continue while litigation advances.

How Can Employers Maximize the Success of a Motion to Dismiss?

To improve the chances of success:

• Identify Specific Pleading Deficiencies:
  Point out missing facts (e.g., dates, hours, wages).

• Leverage Exemptions Strategically:
  Argue that the plaintiff falls under FLSA exemptions early.

• Highlight Procedural Errors:
  Expose jurisdictional defects, improper service, or venue issues.

• Use Persuasive Precedent:
  Cite federal appellate decisions or strong district court opinions favoring dismissal.

Conclusion

Motions to dismiss offer a crucial opportunity to defeat weak wage and hour claims before the costliest stages of litigation. By carefully analyzing the complaint, identifying legal deficiencies, and relying on persuasive precedent, employers can minimize litigation exposure and streamline case resolution.

✔ Challenge vague or insufficient pleadings.
✔ Leverage exemptions and procedural defenses early.
✔ Build a strong, compliant motion to maximize impact.

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