Plaintiff Thomas Burgess sued defendants TransAm Trucking and Olathe Noble Equipment Leasing, Inc. in the United States District Court for the District of Kansas, raising claims of breach of contract and failure to pay minimum wages under the Florida Minimum Wage Act and the Fair Labor Standards Act. Defendant Olathe Noble Equipment Leasing, Inc. moved to dismiss plaintiff’s claims under Rule 12(b)(6).
Factual Overview
Burgess attended orientation to become a truck driver for TransAm in Florida in August 2021. During orientation, TransAm made promises regarding pay that convinced Burgess to become a lease driver rather than a company driver. On his first assigned trip, someone crashed into Burgess’s parked truck at a truck stop. TransAm informed Burgess that $1,000 would be deducted from his pay for the insurance deductible, and he had to wait several days for replacement parts.
Burgess complained about uncompensated time spent waiting at loading docks and requested pay for this time, which TransAm rejected. After nine weeks of work, Burgess’s last two paychecks reflected negative amounts. When Burgess requested to transfer to a company driver position, TransAm denied his request, leading Burgess to quit. He was instructed to drop off his truck in Kansas City and find his own way home to Florida at a cost exceeding $1,000.
Burgess filed suit against both TransAm and Olathe Noble Equipment Leasing, Inc. (ONE Leasing), alleging failure to pay minimum wages and breach of contract. The breach of contract claim was based on TransAm’s alleged promise to pay Burgess $3,000 weekly.
Legal Analysis
Failure to State a Claim Against ONE Leasing: The court found that Burgess failed to allege any facts pertaining to actions taken by ONE Leasing. The complaint did not assert that ONE Leasing was Burgess’s employer or provide factual support for ONE Leasing’s involvement in the alleged wage violations. The only specific allegation regarding ONE Leasing was that it transports goods across the United States. The court deemed the other allegations against ONE Leasing entirely conclusory.
Joint Employer Liability: The court noted that Burgess did not allege facts supporting a finding that ONE Leasing was a joint employer with TransAm or that ONE Leasing was Burgess’s employer and failed to pay his wages. All factual allegations in the complaint concerned actions taken by TransAm.
Breach of Contract Claim: Regarding the breach of contract claim, the court determined that Burgess failed to allege sufficient facts against ONE Leasing. The complaint did not assert that Burgess entered into a contract with ONE Leasing that was later breached. Instead, the facts alleged that TransAm made promises regarding payment and failed to fulfill those promises.
The court granted ONE Leasing’s motion to dismiss all claims against it.
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