United States District Court, D. New Jersey
OPINION & ORDER
KEVIN McNULTY, District Judge.
Plaintiff Patricia Thompson sues her former employers for allegedly failing to compensate her for overtime work, in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219 and the New Jersey Wage and Hour Law ("NJWHL"), N.J. Stat. Ann. §§ 34:11-56a-34:11-56a38. Her employers seek to dismiss the state-law claim only. This matter comes before the Court on the motion (ECF No. 52) of Defendants Real Estate Mortgage Network, Inc. ("REMN"), Security Atlantic Mortgage Company, Inc. ("SAMC"), Noel Chapman, and Samuel Lamparello (collectively, the "Employers") for partial judgment on the pleadings as to Count II of the Amended Complaint, pursuant to Fed.R.Civ.P. 12(c). For the reasons set forth below, Defendants' motion is DENIED.
Patricia Thompson, a New Jersey resident, was employed as an underwriter at SAMC and REMN. (Am. Compl. ¶ 5, ECF No. 27.) She worked for SAMC from June 8, 2009 to February 2010 and for REMN from February 2010 to August 5, 2010. (Id. )
Thompson alleges that she and other similarly situated individuals were employees of REMN and SAMC within the meaning of the FLSA, 29 U.S.C. § 203(e)(1), (g) and the NJWHL, N.J. Stat. Ann. 34:11-56a1(f), (g), (h). (Id. ¶¶ 6-7.)
Defendants REMN and SAMC, both New Jersey corporations, are nationwide direct mortgage lenders. (Id. ¶¶ 9, 12.) REMN and SAMC are alleged to be employers or joint employers within the meaning of the FLSA, 29 U.S.C. § 203(a), (d), (r), (s)(1)(A), and the NJWHL, N.J. Stat. Ann. 34:11-56a1(g). (Id. ¶¶ 10-11, 13-14.)
Defendant Chapman, a New Jersey resident, was at all relevant times the co-owner and Executive Vice President and officer of SAMC. (Id. ¶ 17.) In 2011, Chapman became an Executive Vice President of REMN. (Id. ).
Defendant Lamparello, a New Jersey resident, was at all relevant times the co-owner and President of SAMC. (Id. ¶ 22.) Lamparello became an officer of REMN in 2011. (Id. )
Thompson alleges that the REMN and SAMC failed to properly compensate her with overtime pay for time worked in excess of forty house in a work week. (Id. ¶¶ 34, 67.) Specifically, she states that her employers misclassified her as an exempt, salaried employee, who therefore was ineligible to receive overtime pay. (Id. ¶¶ 34, 59-61.) Thompson alleges that she regularly worked more than eight hours per day and more than forty hours per week without overtime compensation. (Id. ¶ 46.)
Thompson brings claims under the FLSA, 29 U.S.C. § 207 (Count I) and the NJWHL, N.J. Stat. Ann. §§ 34:11-56a-34:11-56a38 (Count II).
This Court has subject matter jurisdiction over the federal-law claim pursuant to 28 U.S.C. § 1331 and the FLSA, 29 U.S.C. § 216(b). This Court exercises supplemental jurisdiction over Thompson's state-law claim pursuant to 28 U.S.C. § 1367(a).
b. Procedural history
Thompson first filed her complaint on March 16, 2011. On December 30, 2011, District Judge Dennis M. Cavanaugh granted the Employers' motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) for failure to plead with the requisite specificity. (ECF Nos. 23, 24.)
On January 26, 2012, Thompson filed her amended complaint. (ECF No. 25.) On August 31, 2012, Judge Cavanaugh once again dismissed Thompson's complaint for failure to plead ...