United States Third Circuit

Reset A A Font size: Print

Thompson v. Real Estate Mortgage Network, 12-3828

Dismissal of plaintiff's action alleging overtime violations under the Fair Labor Standards Act (FLSA), and the New Jersey Wage and Hour Law, is vacated and remanded, where: 1) the pleadings here put the corporate defendants on fair notice that the alleged violations began during plaintiff's employment with defendant Security Atlantic and persisted throughout her relatively brief tenure with both defendant-companies; 2) plaintiff has sufficiently alleged that the two defendant-companies were joint employers for the pay periods at issue; 3) plaintiff has adequately raised a plausible claim for relief on a successor liability theory against defendant REMN; and 4) plaintiff sufficiently alleges the scope of the individual defendants' workplace authority and specific statements by defendant Chapman as to overtime pay, to allow the court to draw the reasonable inference that the defendants are liable for the misconduct alleged.

Appellate Information

  • Decided 04/03/2014
  • Published 04/03/2014

Judges

  • VANASKIE

Court

  • United States Third Circuit

Counsel

Copied to clipboard