The Ninth Circuit ruled that the Nevada federal district court impermissibly assumed the truth of intrinsic documents when it dismissed Plaintiff’s case and that Plaintiff had sufficiently alleged Nevada minimum wage, unpaid wage, and breach of contract claims.
9th Circ. Revives Capital One Rep’s FLSA Suit
By Danielle Nichole Smith
Law360 (April 15, 2020, 3:23 PM EDT) — The Ninth Circuit has revived a former Capital One customer service representative’s proposed class action claiming she and others were required to work off the clock and were shorted on overtime pay, finding the lower court performed “impermissible fact-finding” when it tossed her case.
In its opinion Tuesday, the three-judge panel reversed the district court’s dismissal of Natasha Porteous’ suit alleging Capital One Services II LLC violated the Fair Labor Standards Act and Nevada state law. According to her complaint, Porteous worked as a personal banker and customer service representative in Capital One’s Las Vegas call center.