Daniel Westerling, a former security guard for East Tennessee Children's Hospital Association, Inc., sued the hospital alleging violations of the Fair Labor Standards Act (FLSA). Westerling claimed that despite working 40 or more hours in a workweek, he was not paid overtime because the hospital automatically deducted 30 minutes from his paycheck for meal breaks. He alleged that during these breaks, he was required to monitor his radio and remain available to respond if an event arose, meaning he was not completely relieved of his duties. The hospital moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The district court granted the motion to dismiss and denied Westerling leave to amend his complaint, leading to this appeal.
The Sixth Circuit reviewed the dismissal de novo, applying the standard that a complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face. The court explained that under the FLSA, time is compensable only if the employee is not completely relieved of duty and the time is spent predominantly for the employer's benefit. Citing Ruffin v. MotorCity Casino, the court noted that while monitoring a radio and being available to respond is not a substantial job duty, frequent interruptions could make the time compensable. However, Westerling's complaint failed to allege that he was frequently interrupted; it only contained the conclusory assertion that he was not completely relieved of duty. The court held that the complaint did not cross the line from possibility to plausibility because it lacked specific facts describing the work performed. Regarding the denial of leave to amend, the court applied an abuse of discretion standard. It found that the district court acted within its discretion because Westerling neither formally moved to amend nor supplied a proposed amended complaint.
This decision reinforces the pleading standard for FLSA overtime claims involving meal breaks in the Sixth Circuit. Employers can successfully move to dismiss complaints that rely on general allegations of being 'on call' during breaks without specifying substantial duties or frequent interruptions. Plaintiffs must now plead specific facts regarding the nature of their work during meal periods to survive a motion to dismiss. Additionally, the ruling clarifies that leave to amend may be denied if a plaintiff does not formally request it or provide a draft of the amended complaint.
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