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Momin v. Quantierra Advisors LLC

FLSA's Minimum Wage Provisions Do Not Apply to Plaintiff; Claim Dismissed

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MEMORANDUM OPINION AND ORDER The plaintiff, Scherezade Momin, brought this action against the defendants, Quantierra Advisors LLC d/b/a SciPre Analytics (“SciPre”), Benjamin Thypin, and Sandip Trivedi, alleging that the defendants violated the Fair Labor Standards Act (“FLSA”), the New York State Labor Law, and the New York City Human Rights Law. The defendants now move to dismiss the plaintiff’s second amended complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b) (6). For the following reasons, the defendants’ motion to dismiss is granted. I. The following allegations are drawn from the second amended complaint (“SAC”) and are accepted as true for the purpose of resolving the motion to dismiss. In January 2016, the plaintiff began working at SciPre as a front-end engineer. SAC 17. The plaintiff earned $80,000 per year and regularly received bi-weekly paychecks of $3,076.96 regardless of the number of hours that she worked in any given week. Id. The plaintiff alleges that she performed work for SciPre for approximately 35 to 40 hours per week during the five-week period between January 28, 2019 and March 1, 2019 (the “Five-Week Period”). Id.

52-53. However, the plaintiff contends that during the Five-Week Period, “rather than paying [the plaintiff] the predetermined rate of $80,000.00 per year, [the] Defendants wholly failed to pay [the plaintiff] any wages.”1 Id. 54. The plaintiff alleges that by denying the plaintiff “the predetermined rate of $80,000 per year or approximately $1,538.46 in wages for each week worked during the” Five-Week Period, the defendants violated the minimum wage provisions of the FLSA. Id.

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