District Judge Elizabeth A. Wolford

 

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Plaintiffs MacIntyre and Sullivan were engineering inspectors for the Town of Henrietta. Town supervisor Moore terminated their employment on Jan. 23, 2015. Claiming in their lawsuit asserting violations of the Fair Labor Standards Act (FLSA) and Employee Retirement Income Security Act (ERISA) that they were misclassified as independent contractors, plaintiffs asserted that Moore fired them to avoid paying a standard civil service wage and benefits, and to deny their participation in New York State’s Retirement Program. District Court dismissed plaintiffs’ lawsuit seeking lost wages, overtime compensation and unpaid benefits after finding that they did not state a claim under either the FLSA or ERISA. Their complaint lacked any factual allegations concerning Moore’s status as an employer. There were no claims Moore supervised or controlled plaintiffs’ work schedules or conditions of employment, determined their pay, or maintained employment records. Nor did plaintiffs allege the existence of any employee benefit plan governed by ERISA. However, because they may be able to plausibly allege an FLSA claim against the Town of Henrietta and/or Moore, plaintiffs were granted leave to do so within 30 days.

District Judge Elizabeth A. Wolford

 

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Plaintiffs MacIntyre and Sullivan were engineering inspectors for the Town of Henrietta. Town supervisor Moore terminated their employment on Jan. 23, 2015. Claiming in their lawsuit asserting violations of the Fair Labor Standards Act (FLSA) and Employee Retirement Income Security Act (ERISA) that they were misclassified as independent contractors, plaintiffs asserted that Moore fired them to avoid paying a standard civil service wage and benefits, and to deny their participation in New York State’s Retirement Program. District Court dismissed plaintiffs’ lawsuit seeking lost wages, overtime compensation and unpaid benefits after finding that they did not state a claim under either the FLSA or ERISA. Their complaint lacked any factual allegations concerning Moore’s status as an employer. There were no claims Moore supervised or controlled plaintiffs’ work schedules or conditions of employment, determined their pay, or maintained employment records. Nor did plaintiffs allege the existence of any employee benefit plan governed by ERISA. However, because they may be able to plausibly allege an FLSA claim against the Town of Henrietta and/or Moore, plaintiffs were granted leave to do so within 30 days.