Cement Masons v. Coatings

Cement Masons, Plasterers and Shophands Service Corporation sued Quality Coatings, Quality Cleaning, QC Companies, and Alisa Maciej over alleged unpaid fringe-benefit obligations. It sought to enforce audit rights under collective-bargaining agreements and potentially recover amounts found to be due.\n\nThe defendants argued that the complaint relied on an invalid “reverse alter-ego” theory and that QC Companies could not be sued because it was an assumed name. The court held that the allegations plausibly supported treating the entities as related employers under the Employee Retirement Income Security Act and that QC Companies could be sued under federal law.\n\nJudge Eric C. Tostrud denied the defendants’ motion to dismiss. The order did not decide whether the defendants ultimately owe contributions or whether the alter-ego allegations will be proven.