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Kloppel v. Sears Holdings Corp.

FAAAA Does Not Preempt Fair Play Act So as To Treat Plaintiffs as Independent Contractors

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DECISION AND ORDERINTRODUCTION

*1 In this putative class action, Plaintiffs Mike Kloppel and Wilson Adams allege that Defendants HomeDeliveryLink, Inc. (“HDL”), Sears Holdings Corporation, and Sears, Roebuck and Co. (together, “Sears”) misclassified them as independent contractors rather than employees and took illegal deductions from their pay while they performed delivery services for Defendants in New York State. Defendants move to dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF. Nos. 12, 20. Additionally, Plaintiffs move to strike part of Defendant HDL’s reply brief. For the reasons stated below, Sears’ Motion to Dismiss is GRANTED in full and HomeDeliveryLink’s Motion to Dismiss is DENIED in part and GRANTED in part. Plaintiffs’ Motion to Strike is DENIED in full.

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