White v. U.S. Corrections (2021)

White v. U.S. Corr., L.L.C., 996 F.3d 302, 306 (5th Cir. 2021).

“The overtime-pay rule is subject to several enumerated exemptions, however.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021); see 29 U.S.C. § 213 . “[T]he employer bears the burden” to establish a claimed exemption applies to the claimant, Dalheim v. 1 Cunningham argues that Circle 8 has the burden of showing he engaged in safety- affecting work for each individual workweek that it claims the exemption applies.

White v. U.S. Corrections, L.L.C., 996 F.3d 302, 306 (5th Cir. 2021) (Rule 12(b)(6) dismissal); Romero v. City of Grapevine, 888 F.3d 170, 175 (5th Cir. 2018) (summary judgment); United States v. Lauderdale Cnty., 914 F.3d 960, 964 (5th Cir. 2019) (statutory interpretation). _____________________ 2 Guerrera does not dispute that Uber and Rasier did in fact purport to reject UM coverage.

“But we do not accept as true conclusory allegations, unwarranted factual inferences, or legal conclusions.” Id. at 307 (quotation omitted).

White v. U.S. Corrs., LLC, 996 F.3d 302, 306 (5th Cir. 2021).

White v. U.S. Corr., LLC, 996 F.3d 302, 306 (5th Cir. 2021).

White v. U.S. Corr., L.L.C., 996 F.3d 302, 306 (5th Cir. 2021).

To sufficiently state an overtime claim under the FLSA, Plaintiffs must allege: “(1) that an employer-employee relationship existed during the time [they] worked in excess of forty hours per week; (2) that [they] engaged in activities covered by the FLSA; (3) that the employer violated the FLSA’s overtime-wage requirements; and (4) the amount of overtime-pay due.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021).

Furthermore, when ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the complaint in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

Tex. Oct. 3, 2012); see also White, 996 F.3d at 307 (“The Secretary of Transportation need only possess the power to regulate the employees at issue; it need not actually exercise that power for the [MCA] exemption to apply.”).

“To state a prima facie overtime-pay claim under 29 U.S.C. § 207 (a)(1), a plaintiff must plausibly allege: (1) that an employer-employee relationship existed during the time that she worked in excess of forty hours per week; (2) that she engaged in activities covered by the FLSA; (3) that the employer violated the FLSA's overtime- wage requirements; and (4) the amount of overtime-pay due.” White v. U.S. Corrs., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021) (citing Johnson v. He…

White v. U.S. Corrs., LLC, 996 F.3d 302, 309 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the complaint in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

To successfully plead a claim for unpaid overtime wages under the FLSA, Angello must establish: (1) that he was Phoenix’s employee during the relevant time; (2) that he “engaged in activities covered by the FLSA”; (3) that Phoenix “violated the FLSA’s overtime-wage requirements”; and (4) “the amount of overtime-pay due.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021).

White v. U.S. Corr., L.L.C., 996 F.3d 302, 306 (5th Cir. 2021).

White, 996 F.3d at 306-07.

White v. U.S. Corr., L.L.C., 996 F.3d 302, 306 (5th Cir. 2021).

Notably, “the ‘determination as to whether an employee is exempt under the [FLSA] is primarily a question of fact’ typically better suited for summary judgment.” White v. U.S. Corr., LLC, 996 F.3d 302, 310 (5th Cir. 2021). (quoting Dalheim v. KDFW-TV, 918 F.2d 1220, 1224 (5th Cir. 1990)).

While a 5 complaint “does not need detailed factual allegations, [it] must prove the plaintiff's grounds for entitlement to relief—including factual allegations in a complaint that when assumed to be true raise a right to relief above the speculative level.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

While a complaint “does not need detailed factual allegations, [it] must prove the plaintiff's grounds for entitlement to relief—including factual allegations in a complaint that when assumed to be true raise a right to relief above the speculative level.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the complaint in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

Doc. 26-1 at pp. 8–9. 30 Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982) (citing Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980)). 31 Mack v. Newton, 737 F.2d 1343, 1350 (5th Cir. 1984). 32 Id. 33 Id. 34 White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021) (citation omitted). 35 R.

This Court thus can and does take judicial notice of Plaintiff’s EEOC complaint that all reasonable inferences in the [operative pleading] in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

White v. U.S. Corrections, L.L.C., 996 F.3d 302, 306-07 (Sth Cir. 2021); Heinze v. Tesco Corp., 971 F.3d 475, 479 (Sth Cir. 2020).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the [operative pleading] in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the [operative pleading] in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the [operative pleading] in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the complaint in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the complaint in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

“The overtime-pay rule is subject to several enumerated exemptions, however.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021) (citing 29 U.S.C. § 213 ).

(Id. at 5–7); see also, White v. U.S. Corr., L.L.C., 996 F.3d 302, 308 (5th Cir. 2021) (“the applicability of the MCA exemption to a particular employee ‘depends both on the class to which his employer belongs and on the class of work involved in the employee's job.’”); Amaya v. NOYPI Movers, L.L.C., 741 F. App’x 203 , 205 (5th Cir. 2018).

White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021).

White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

If an employer violates this rule, it is “liable to the employee or employees affected in the amount of their . . . unpaid overtime compensation . . . and in an additional equal amount as liquidated damages.” , 996 F.3d 302, 308 (5th Cir. 2021) (citations omitted).

Mich. 2014); White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

When ruling on a motion to dismiss, courts “accept all well-pled facts as true, construing all reasonable inferences in the complaint in the light most favorable to the plaintiff.” White v. U.S. Corr., LLC, 996 F.3d 302, 306-07 (5th Cir. 2021).

White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021).

White v. U.S. Corr., LLC, 996 F.3d 302, 307 (5th Cir. 2021).4 The Fifth Circuit stated that: “We agree with the district court that the MCA exemption governs White’s job with USC.” Id. at 305 .

Moreover, the statutory framework defines a “commercial motor vehicle” as one that “is designed or used to transport more than 8 passengers (including the driver) for compensation,” and case law suggests that employees such as Fiveash are under the jurisdiction of the DOT. 49 U.S.C. § 31132 (B); see White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021) (“the regulations indicate that employees of private prisoner transportation companies are regulated by both the De…

Docs. #17, #20, #23. level.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021) (internal quotation marks omitted).

“To survive a Rule 12(b)(6) motion to dismiss, a complaint does not need detailed factual allegations, but must prove the plaintiff’s grounds for entitlement to relief—including factual allegations in a complaint that when assumed to be true raise a right to relief above the speculative level.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

The Fair Labor Standards Act Claim Stacey must “plausibly allege: (1) that an employer-employee relationship existed during the time that she worked in excess of forty hours per week; (2) that she engaged in activities covered by the FLSA; (3) that the employer violated the FLSA’s overtime-wage requirements; and (4) the amount of overtime-pay due.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021).

Mich. 2014); White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

To the extent Rolfsmeier’s claim is an overtime-pay claim under 29 U.S.C. § 207 , she must “plausibly allege: (1) that an employer-employee relationship existed during the time that she worked in excess of forty hours per week; (2) that she engaged in activities covered by the FLSA; (3) that the employer violated the FLSA’s overtime-wage requirements; and (4) the amount of overtime-pay due.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 309 (5th Cir. 2021).

III Motion to Dismiss “To survive a Rule 12(b)(6) motion to dismiss, a complaint does not need detailed factual allegations, but must prove the plaintiff’s ground for entitlement to relief—including factual allegations in a complaint that when assumed to be true raise a right to relief above the speculative level.” White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021) (internal quotation marks omitted).

The Parties’ Arguments Powell alleges that Defendant had a policy of paying hourly employees straight time for overtime.42 Powell presented evidence in the form of timesheets and paystubs 37 Id; 29 U.S.C. § 213 (a)(1). 38 White v. U.S. Corr., L.L.C., 996 F.3d 302, 310 (5th Cir. 2021). 39 29 C.F.R. § 541.100 (executive employee exception); 29 C.F.R. § 541.300 (professional employee exception); 29 C.F.R. § 541.200 (administrative employee exception). 40 29 C.F.R. § 541.100 (ex…

“To survive a Rule 12(b)(6) motion to dismiss, a complaint does not need detailed factual allegations, but must prove the plaintiff’s ground for entitlement to relief—including factual allegations in a complaint that when assumed to be true raise a right to relief above the speculative level.” White v. U.S. Corrections, L.L.C., 996 F.3d 302, 307 (5th Cir. 2021).

The Court concludes that Plaintiff has pleaded his FLSA claim with facial plausibility as the “factual content . . . allows the court to draw the reasonable inference ORDER – PAGE 15 that the defendant is liable.” Iqbal, 556 U.S. at 678 ; accord Twombly, 550 U.S. at 570 (2007); see also White v. U.S. Corrections, L.L.C., 996 F.3d 302, 310 (5th Cir. 2021) (“[W]hether an employee is exempt under the FLSA is primarily a question of fact typically better suited for summary judgm…

Mich. 2014) (“The FLSA language setting forth the motor carrier exemption is . . . an acknowledgment that the Department of Labor’s jurisdiction yields to that of the [Department of Transportation].”); see also White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021) (“The Secretary of Transportation need only possess the power to regulate the employees at issue; it need not actually exercise that power.”) (quotation omitted).