Where a former employee failed to allege facts plausibly suggesting that his employer failed to provide compensation beneath the statutory minimum wage over the course of any workweek, his minimum wage claim was dismissed.

Background

Addison Davila filed an amended complaint on April 26, 2023, alleging that SJ Perry LLC failed to pay its hourly employees minimum wages and overtime compensation in violation of the Fair Labor Standards Act, or FLSA, and retaliated against Davila, in violation of the FLSA’s anti-retaliation provision, in response to his filing of a lawful claim. SJ Perry seeks dismissal of Davila’s minimum wage claim.

Analysis

Davila alleges that “[b]y requiring Mr. Davila to work hours for which he was not compensated at all, Defendant failed to pay Mr. Davila the required minimum wage.” However, there is no FLSA violation where each employee received during the workweek “compensation equal to or exceeding the product of the total number of hours worked and the statutory minimum hourly rate.”

In Virginia, the FLSA requires that employees receive the greater of the federal or Virginia minimum wage. Because the Virginia minimum wage, $11.00 and $12.00 per hour in 2022 and 2023, respectively, is greater than the federal minimum wage of $7.25 per hour, this would mean that no FLSA violation took place so long as the average rate of pay was at least $11.00 per hour in 2022, and $12.00 per hour in 2023.

Davita’s amended complaint asserts that he has been employed...

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