Dejesus v. HF Management Services, LLC, No. 12-4565 (2d Cir. 2013)Annotate this Case
Plaintiff filed suit against her employer, Healthfirst, alleging that it failed to pay her overtime wages under the Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a)(1), and New York Labor Law. The district court granted Healthfirst's motion to dismiss under Rule 12(b)(6). The court agreed with the district court that plaintiff did not plausibly allege that she worked overtime without proper compensation under the FLSA and, therefore, affirmed the judgment of the district court. The court need not decide whether the district court was also correct when it first concluded that plaintiff had not sufficiently alleged that she was an "employer" of Healthfirst within the meaning of the FLSA. Nonetheless, the court offered its views on this issue because the court disagreed with the district court's conclusion.