RODEHEAVER v. HOMEPRO REMODELERS LLC
2:22-cv-01887
W.D. Pa.Jul 31, 2023Background
- Plaintiff Brenton Rodeheaver worked for HomePro Remodelers LLC as a non-exempt laborer from May–Aug 2022, paid $22/hour and allegedly promised 55 hours/week.
- Plaintiff alleges supervisors routinely left early, reducing his actual work hours to ~40/week and causing unpaid waiting/preparation time at job sites ("Work Preparation Time Deduction Practice").
- Plaintiff alleges promises by owner DiBenedetto to pay for travel time between/to job sites and reimburse gasoline ("Traveling Time" and "Gasoline Non‑Reimbursement Practices").
- Plaintiff received a final paystub and a HomePro check showing $0 paid for a July 2022 pay period; defendants say a $400 loan offset explains the $0 check.
- Claims in the Amended Complaint: FLSA and PMWA minimum‑wage violations, WPCL wage/reimbursement claims, breach of contract, and unjust enrichment. Defendants moved to dismiss; the court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FLSA/PMWA: unpaid minimum wages for final pay period | Rodeheaver alleges ~20 hours unpaid in final pay period and $0 paycheck | Defendants say check reflects lawful deduction to satisfy $400 loan | Court found pleadings and attached paystub/check sufficient to plausibly allege minimum‑wage violation; claim may proceed |
| FLSA: compensability of travel time under Portal‑to‑Portal Act | Rodeheaver alleges DiBenedetto promised to pay for travel time between/to job sites | Defendants contend portal‑to‑portal exemptions would bar recovery for ordinary travel | Because plaintiff alleges an agreement to compensate travel, those hours are not barred by the Portal‑to‑Portal Act; claim survives pleading stage |
| FLSA & PMWA: compensability of preparatory/waiting time at job sites | Rodeheaver alleges he performed preparatory tasks while waiting and was required to be on site per policy | Defendants argue such preliminary/postliminary activities are exempt under Portal‑to‑Portal | Court held plaintiff alleged facts from which it is plausible these activities were integral/indispensable or otherwise compensable under the parties' agreement; claim may proceed |
| PMWA: travel and preparation time under state law | Rodeheaver contends travel and preparatory time were duties and thus "hours worked" under PMWA | Defendants dispute that such time was a compensable duty | Court accepted that plaintiff plausibly alleged travel and preparation were duties under the employment agreement; PMWA claims survive |
| WPCL: wage/reimbursement claims (gas, travel, preparation, final paycheck) | Rodeheaver alleges oral promises/contracts to reimburse gas and travel and that wages earned were unpaid | Defendants contend no enforceable contract or wages due as claimed (e.g., loan offset) | Court held WPCL provides a contractual remedy and that plaintiff plausibly alleged oral agreements and unpaid wages; WPCL claims may proceed |
| Breach of contract & unjust enrichment | Rodeheaver alleges formation of contract for 55 hrs/week, reimbursements, weekly pay; alleges Defendants were unjustly enriched by unpaid labor | Defendants move to dismiss for lack of sufficiently definite terms/consideration | Court found complaint plausibly alleges contract existence, definite terms, consideration, breach, and unjust enrichment; claims survive pleading stage |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must be plausible, not merely possible)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (factual allegations must support reasonable inference of liability)
- Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. 27 (U.S. 2014) (test for whether preliminary/postliminary activities are "integral and indispensable")
- De Ascencio v. Tyson Foods, Inc., 342 F.3d 301 (3d Cir. 2003) (definition of "workday" and portal‑to‑portal context)
- In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410 (3d Cir. 1997) (court may consider documents integral to the complaint on a motion to dismiss)
- ATACS Corp. v. Trans World Communications, Inc., 155 F.3d 659 (3d Cir. 1998) (elements for formation of an enforceable contract)
- Antol v. Esposto, 100 F.3d 1111 (3d Cir. 1996) (WPCL provides a statutory remedy for breach of contractual wage obligations)
- Helix Energy Sols. Group, Inc. v. Hewitt, 598 U.S. 677 (U.S. 2023) (standards for determining exempt employee status under FLSA)
