White-Wiley v. Evergreen Packaging, Inc., 5:18-cv-298-DPM. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190115a07
Visitors: 6
Filed: Jan. 11, 2019
Latest Update: Jan. 11, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Arkansas Minimum Wage Act considers anyone who acts directly or indirectly in an employer's interest in relation to an employee to also be an employer. ARK. CODE ANN. 11-4-203(4)(A). Evergreen employed White-Wiley. For a time, Hendry was an Evergreen manager. Notwithstanding Elmore's declaration about the limited scope of Hendry's authority and actions, White-Wiley's allegations provide a reasonable basis for a non-frivolous claim that the A
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Arkansas Minimum Wage Act considers anyone who acts directly or indirectly in an employer's interest in relation to an employee to also be an employer. ARK. CODE ANN. 11-4-203(4)(A). Evergreen employed White-Wiley. For a time, Hendry was an Evergreen manager. Notwithstanding Elmore's declaration about the limited scope of Hendry's authority and actions, White-Wiley's allegations provide a reasonable basis for a non-frivolous claim that the Ac..
More
ORDER
D.P. MARSHALL, JR., District Judge.
The Arkansas Minimum Wage Act considers anyone who acts directly or indirectly in an employer's interest in relation to an employee to also be an employer. ARK. CODE ANN. § 11-4-203(4)(A). Evergreen employed White-Wiley. For a time, Hendry was an Evergreen manager. Notwithstanding Elmore's declaration about the limited scope of Hendry's authority and actions, White-Wiley's allegations provide a reasonable basis for a non-frivolous claim that the Act covers him, too. Filla v. Norfolk Southern Railway Co., 336 F.3d 806, 811 (8th Cir. 2003). His presence destroys complete diversity. The motion to remand, No 6, is therefore granted. The motion to dismiss and plead more clearly remains for the state court. The case is remanded to the Circuit Court of Jefferson County, Arkansas. 28 U.S.C. § 1447(c).
So Ordered.
Source: Leagle
