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Friday, October 30, 2026

Employment – ‘Employer’ status – Wages - Rhode Island Lawyers Weekly

Where a complaint has been filed by a plaintiff who worked for the defendants, the plaintiff’s breach of contract claim must be dismissed because he fails to plausibly show an agreement, but his claims under the Fair Labor Standards Act, the Rhode Island Payment of Wages Act and the Rhode Island Whistleblowers’ Protection Act should not be dismissed despite the defendants’ contention that they did not “employ” the plaintiff.

“This action concerns a Rhode Island-based physician and a California-based technology company. …

“On November 26, 2025, [the plaintiff] filed this action against Defendants for compensatory, liquidated, treble, and punitive damages, civil penalties, counsel fees, costs, and other equitable relief. [The plaintiff]’s Complaint pleads six claims: Count I, failure to pay wages under the Fair Labor Standards Act (‘FLSA’), 29 U.S.C. §201, et seq.; Count II, failure to pay wages under the Rhode Island Payment of Wages Act (‘RIPWA’), R.I. Gen. Laws §§28-12-1, et seq. and 28-14-1, et seq.; Count III, misclassification in violation of R.I. Gen. Laws §28-14-19.1; Count IV, common law breach of contract; Count V, quantum meruit; and Count VI, whistleblower retaliation under the Rhode Island Whistleblowers’ Protection Act (‘RIWPA’), R.I. Gen. Laws §28-50-1, et seq. …

“Defendants contend that [the plaintiff] fails to state a claim for unpaid wages under FLSA and Rhode Island law, for common law breach of contract, for quantum meruit, and for whistleblower...



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