MacDonald v. J. Brown, Inc. et al
Judge Mark L. Wolf: ENDORSED ORDER entered. MEMORANDUM AND ORDER: It is hereby ORDERED that: 1.) Defendants' Motion to Dismiss (Docket No. 7) is DENIED. 2.) This case is REFERRED to the Magistrate Judge for all pretrial purposes. (Franklin, Yvonne)
DISTRICT OF MASSACHUSETTS
and JEFF BROWN,
MEMORANDUM AND ORDER
September 16, 2016
Brown Inc.'s and Jeff Brown's motion to dismiss
plaintiff R. Scott MacDonald's claim under the Fair Labor Standards
Act (the "FLSA"), 29 U.S.C. §207 ^
MacDonald has alleged a
seq, is being denied because
plausible claim that they violated the
FLSA by failing to pay him overtime wages for time he worked in
excess of forty-hours a week.
See Martinez v. Petrenko, 792 F.3d
Defendants' motion to dismiss plaintiff's Massachusetts Wage
is also not meritorious.
Massachusetts Attorney General 90 days before filing the complaint
in this case, as required by §150.
Plaintiff's complaint, in SI14,
alleges that he did ask the Attorney General for authorization to
In his Opposition to defendants' motion to dismiss, plaintiff
contemporaneous with the filing of this Action."
See Docket No.
The Supreme Judicial Court has held that:
[F]allure to file a complaint with the Attorney General
before initiating a private suit for alleged employment
violations does not interfere with the accomplishment of
the statutory purposes of §150 to a substantial degree,
at least where the Attorney General is notified of the
suit during its pendency.
Depianti v. Jan-Pro Franchising Int'l, Inc., 614, 990 N.E.2d 1054,
a plaintiff's "failure first to file a
complaint with the Attorney General does not deprive the United
States District Court of jurisdiction to consider his claims under
In deciding defendants'
motion to dismiss,
the court must
accept plaintiff's plausible allegations as true.
General of his §150 claim,
N.E.2d a t
the motion to dismiss for failure to
exhaust administrative remedies is not meritorious.
In view of the foregoing,
it is hereby ORDERED that:
Defendants' Motion to Dismiss
This case is REFERRED to the Magistrate Judge for all
UNITED^TATES DISTRICT JUDGE ^
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