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Labor & Employment – Overtime Wages – Wage Deductions – FLSA

Plaintiffs filed claims asserting violations of the FLSA, the SCPWA, and the Workers’ Compensation Law. To the extent plaintiffs asserted state law claims for overtime pay or pay under the federal minimum wage, such state law claims were preempted by the FLSA.

We grant defendants’ partial motion to dismiss in part and deny in part, to the extent that plaintiff sought compensation under state law for overtime pay or pay under the federal minimum wage as such state law claims are preempted by the FLSA.

Plaintiffs alleged defendants failed to pay overtime rates, made deductions of wages paid in cash, failed to provide pay stubs, and retaliated for requests for workers’ compensation benefits. Defendants moved to dismiss plaintiffs’ state law wage claims as preempted by the FLSA.

We hold that, to the extent plaintiffs asserted claims for compensation of overtime pay required by the FLSA or for pay under the federal minimum wage, the FLSA preempted plaintiffs’ SCPWA claims based on those allegations.

However, we find that plaintiffs asserted SCPWA claims not preempted by the FLSA. Specifically, we note that plaintiffs alleged that defendants violated the notice and pay stub provisions of the SCPWA. We hold that those SCPWA claims are not preempted by the FLSA.

                                                                                 

Granted in part and denied in part.

Arteaga v. Ecofoam Insulation & Coating of Charleston, LLC (Lawyers Weekly No. 002-200-18, 4 pp.) (Gergel, J.) D.S.C.

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