Portillo v. King of Pita Bakery, Inc.

2 Citing cases

  1. Priest v. DBI Servs.

    Civil Action 3:21cv712 (DJN) (E.D. Va. Jul. 21, 2022)   Cited 2 times

    Accordingly, the Court does not consider them in this Report and Recommendation. See Portillo v. King of Pita Bakery Inc., No. 1:12CV1103, 2013 WL 3479651, at *1 n.1 (E.D. Va. July 9, 2013). ' II. ANALYSIS

  2. Seagram v. David's Towing & Recovery, Inc.

    62 F. Supp. 3d 467 (E.D. Va. 2014)   Cited 17 times
    Explaining technical differences attended by the same elements

    To establish a claim for nonpayment of minimum wages under 29 U.S.C. § 206, a plaintiff's complaint must show that: “(1) the plaintiff was employed by the defendant; (2) the plaintiff was engaged in commerce ...; (3) the plaintiff was not compensated for all hours worked during each work week at a rate equal to or greater than the then applicable minimum wage; and (4) none of the exemptions in 29 U.S.C. § 213 applied to the plaintiff's position.” Portillo v. King of Pita Bakery, Inc., No. 1:12–cv–1103, 2013 WL 3479651, at *6 (E.D.Va. July 9, 2013). Additionally, the complaint must at least allege approximate wages such that the Defendants will be able to frame a meaningful response.