United States Fourth Circuit

In a class action arising out of a pay dispute alleging multiple claims, the district court's dismissal with prejudice of the conversion and unfair trade practices claims is affirmed, however the court should have dismissed the contract, negligence and fraud claims as preempted by the Fair Labor Standards Act of 1938. The matter is remanded with instructions to dismiss the claims without prejudice, giving the Class Members an opportunity to pursue any FLSA claims they may possess.

Appellate Information

• Decided 11/19/2007
• Published 11/19/2007

Judges

• Before NIEMEYER and KING, Circuit Judges, and WILKINS, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alvin Leonard Pittman, Los Angeles, California, for Appellants.  William Randolph Loftis, Jr., Constangy, Brooks, & Smith, L.L.C., Winston-Salem, North Carolina, for Appellee.   ON BRIEF:  Robin E. Shea, Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Appellee.