In the case of Barnett v. Vapor Maven, Jasmine Barnett filed a lawsuit against Vapor Maven, a vape store chain, for wage and retaliation claims. In this lawsuit, Barnett had also named Harminder and Gurpreet Thind as her joint employers.
Barnett claimed that she was assigned various job titles and duties during her employment, which made it difficult to determine her official job title by the end of her employment. Barnett was terminated after she had complained about regularly working overtime for more than 40 hours per week but had not received overtime pay.
Gurpreet Thind, one of the joint employers, filed a motion to dismiss the claims against her. Thind argued that Barnett failed to establish that she was Barnett’s employer under the Fair Labor Standards Act (FLSA). The court evaluated the legal standard for a motion to dismiss and considered the definition of an “employer” under the FLSA, which included any person acting directly or indirectly in the interest of an employer concerning an employee. The court noted that joint employers can be held jointly and severally liable for FLSA compliance.
Barnett alleged that Thind, along with the other employers, exercised joint control over her duties, work locations, hours, and employment terms and conditions. The court determined that the complaint provided fair notice of the claims and the grounds upon which they rested. Although the complaint didn’t provide specific detailed facts, the court recognized that such details would likely emerge during the discovery process.
Therefore, the court denied Thind’s motion to dismiss.
Key lessons from this case:
- Employers who share control and responsibilities over employees may be considered joint employers and can be held jointly liable for violations of overtime laws.
- Employees who make complaints about nonpayment of overtime wages are protected from retaliation.
- While specific details may not be available at the early stages, the allegations should outline the essential elements of the claim.
If you want to know more about overtime regulations, read our guide on Oklahoma Overtime Laws.
