Where an employee failed to plead facts making it plausible that two defendants were liable for her wage, fraud, and related claims, these claims were dismissed.
Background
Plaintiff Rosa Coca sued multiple defendants, asserting claims under federal and Virginia law. Defendants Kavan Shaban and r80, LLC have filed motions to dismiss.
Shaban and r80 argue that the court should dismiss Counts One and Two under the Fair Labor Standards Act and the Virginia Minimum Wage Act because plaintiff fails to allege facts sufficient to establish joint liability against these defendants. The court agrees.
The only non-conclusory facts alleged in the complaint connecting plaintiff’s plausibly alleged employer, Persona Doctors, LLC, with r80 are that (1) “[o]n or around September 8, 2020, [plaintiff] was provided an Employment Handbook by Defendant r80”; and (2) Defendant Shaban “[u]sed his personal address . . . as the principal place of business for both r80 and Persona.”
Plaintiff does not allege that the employment handbook governed any of the essential terms and conditions of her employment. Indeed, she does not allege any of the handbook’s content or that she was required to follow any potential requirements contained therein. To the contrary, plaintiff’s allegations indicate that the handbook did not modify the essential terms and conditions of plaintiff’s employment.
Although plaintiff’s allegations about the mutual connection to Shaban can be read to assert common ownership and...
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