Moses v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

Background

Raven Moses and other workers employed as flagmen or flaggers brought a proposed class action against several defendants, including Consolidated Edison Company of New York, Inc. (ConEd). They alleged that Griffin Industries and Griffin Securities (together, Griffin) failed to pay wages at the required prevailing rates. They sued ConEd under a joint-employer theory. A magistrate judge had previously conditionally certified a collective action under the Fair Labor Standards Act (FLSA), the federal law governing certain wage and hour claims.

Motion and arguments

ConEd moved under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal when a complaint does not adequately state a legal claim. ConEd sought dismissal of the FLSA claims of 116 opt-in plaintiffs, meaning workers who had joined the collective action. ConEd argued that their claims were barred by the statute of limitations, the legal deadline for bringing a claim. Plaintiffs argued that dismissal would be premature because their motion for class certification had not been decided and discovery was still ongoing. The opinion states that Plaintiffs did not argue that additional discovery would change the employment dates they had provided to ConEd.

Court’s analysis

The FLSA generally has a two-year limitations period. The period may extend to three years when the alleged violation was willful. Using the three-year period as the outside date, the court relied on the earlier conclusion that FLSA claims for work performed for ConEd before July 20, 2017, were time-barred. The court found no reason to reach a different conclusion.

Ruling

The court granted ConEd’s motion to dismiss. The ruling covered the FLSA claims of plaintiffs who either stopped working for Griffin before July 20, 2017, or continued working for Griffin but did not work on a ConEd project after July 20, 2017. The clerk was directed to terminate the motion identified as ECF No. 603.