Case: Wage & Hour/Fair Labor Standards Act (W.D. Pa.)

A Pennsylvania court denied Black Diamond Capital Management’s motion to dismiss PTC Alliance LLC’s director of human resources’ claim that he was terminated in retaliation for reporting alleged Fair Labor Standards Act violations. The court found that the director’s allegations that BDCM employees acted as PTC board members, controlled conditions of his employment, attended PTC management meetings regarding personnel matters and operations, used a BDCM email address to conduct business on behalf of PTC, and were involved in and approved his termination were sufficient to establish BDCM as a joint employer.