Shiro Little v. Service Convenience, Inc., et al.

Summary

The United States District Court for the Southern District of Ohio grants Synergistic International LLC’s motion to dismiss claims arising from alleged untimely and missing wage payments. The Court holds that the First Amended Complaint contains only conclusory allegations that Synergistic was a joint employer under the FLSA and Ohio wage laws. The claims against Synergistic are dismissed without prejudice, with leave to seek amendment within 21 days.

Holdings

1. The First Amended Complaint failed to state a plausible FLSA claim against Synergistic because it merely recited joint-employer factors without alleging specific facts showing that Synergistic exercised control over Little's employment.
2. The Ohio wage-law claims against Synergistic were inadequately pleaded because Ohio wage-law claims are governed by the same joint-employer pleading standards applied to the FLSA claims.
3. The claims against Synergistic were dismissed without prejudice, and Little was permitted to seek leave to file a second amended complaint limited to attempting to establish Synergistic's joint-employer status.

Questions Presented

1. Whether the First Amended Complaint plausibly alleged that Synergistic International LLC was Little's joint employer under the Fair Labor Standards Act.
2. Whether the conclusory allegations of joint employment were sufficient to state claims against Synergistic under Ohio wage laws.
3. Whether dismissal of the claims against Synergistic should be with prejudice.

Disposition

dismissed