June 1, 2023
Where a defendant has moved to dismiss a minimum wage complaint filed by plaintiff pilots, that motion should be denied, as the plaintiffs have plausibly alleged that repayment of $30,000 in supposed training costs amounts to an unlawful kickback that would cause their wages to fall below the federal and Massachusetts minimum wage.
“Plaintiffs Christopher Connor McClain (‘McClain’), Dennis Abramov (‘Abramov’), Miles Collins (‘Collins’), Jeffrey Butler Hanson, Jr. (‘Hanson’), Ricky LeBlanc (‘LeBlanc’), Samuel Shepherd (‘Shepherd’), William Tennant (‘Tennant’), Ohiana Negrete (‘Negrete’), Jose Mora (‘Mora’), Nathan Barnes (‘Barnes’), Steven Morton (‘Morton’) and Daniel Bianca (‘Bianca’), (collectively, ‘Plaintiffs’) have sued Defendant Cape Air alleging violation of the minimum wage under the Fair Labor Standards Act (‘FLSA’), 29 U.S.C. §216, (Count I) and Mass. Gen. L. c. 151 §§1, 20 (Count II), coerced labor in violation of the Trafficking Victims Protection Act (‘TVPA’), 18 U.S.C. §1595, (Count III) violation of the Massachusetts Civil Rights Act (‘MCRA’), Mass. Gen. L. c. 12 §11H–I, (Count IV) and unjust enrichment (Count V). … Plaintiffs McClain, Collins, LeBlanc, Shepherd, Negrete, Bianca, Morton, Tennant, and Abramov also allege breach of contract (Count VI) and breach of the implied covenant of good faith and fair dealing (Count VII). … Cape Air moved to dismiss all counts. … For the reasons stated below, the Court allows Cape Air’s...
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