Kuntze v. Josh Enters. Inc.

In this wage-and-hour case, 4th Circuit precedent suggests that the half-time calculation of the “fluctuating workweek” payment method can apply to calculate damages in willful misclassification cases if all requirements for its application are satisfied. However, it would be premature for the court to rule at this stage on the case’s main issue: whether the parties had a clear and mutual understanding that the plaintiff’s salary was intended to cover fluctuating hours. Accordingly, the court will defer a ruling on the plaintiff’s unpaid-overtime claim until facts have been further developed.

However, the plaintiff has failed to state a claim for unpaid compensation for regular hours worked, making key allegations only by implication. She may amend her complaint to include sufficient allegations for this claim.

Motion to dismiss granted in part and denied in part.

Kuntze v. Josh Enters. Inc., No. 2:18cv38, Feb. 27, 2019. EDVA at Norfolk (Davis).



Categories: Opinions, U.S. District Court - Eastern District of Virginia

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