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Jackie Hosang Lawson; Jonathan M. Zang v. Fmr LLC, F/K/A Fmr Corp.; Fmr Co., Inc.; Fmr Corp., D/B/A Fidelity

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Before Lynch, Chief Judge, Howard and Thompson, Circuit Judges.

*fn1 The ALJ also concluded that Zang would only be a covered employee if the private Fidelity Management companies acted on behalf of the public Fidelity funds as contractors or subcontractors “in employment matters . . . when [they] terminated [Zang's] employment.” Zang v. Fid. Mgmt. & Research Co., No. 2007-SOX-00027, 2008 WL 7835900, at *14 (Dep’t of Labor ALJ Mar. 27, 2008). The ALJ concluded that the funds had no role in the Fidelity Management companies’ employment decisions and Zang had not sufficiently alleged that the private Fidelity Management companies had acted as the funds’ “agent or contractor in regard to employment matters” and dismissed his complaint. Id. at *18. That issue is not before us. Zang also argued before the ALJ that the private Fidelity Management companies and the public Fidelity funds should be considered a “single integrated enterprise” for the purpose of evaluating whether he was a covered employee under § 1514A(a). Zang, 2008 WL 7835900, at *15. The ALJ rejected this argument, id. at *18, and that issue is also not before us.

*fn2 The Secretary of Labor has delegated review of decisions by DOL ALJs to the DOL’s ARB. See 67 Fed. Reg. 64,272, 64,272-73 (Oct. 17, 2002).

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