Dole v. Simpson

ENTRY DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (FILED AS AN AMENDED MOTION TO DISMISS)

TINDER, District Judge.

The Secretary of Labor alleges that Defendant Jack B. Simpson failed to pay his employees minimum wages and overtime pay required by the Fair Labor Standards Act (the “Act” or “FLSA”). Responding that he is not the proper party liable for such a violation, the Defendant filed a Motion to Dismiss the claim. The sole issue raised here is whether the Defendant had the status of an “employer” under the Act when the alleged violations occurred.

For the reasons discussed below, the…