DNC Escapes Overtime Suit Over 2016 Campaign
The ruling allows some claims to move forward against the Pennsylvania Democratic Party.
September 30, 2019 at 04:52 PM
4 minute read
The Democratic National Committee has dodged a lawsuit alleging it failed to properly pay workers overtime during the year leading up to the 2016 presidential election.
U.S. District Judge Darnell Jones of the Eastern District of Pennsylvania on Sept. 27 granted the motion to dismiss DNC Services Corp., doing business as the Democratic National Committee, from the case Katz v. DNC Services.
Although the ruling allowed some claims to move forward against the Pennsylvania Democratic Party, Jones determined that plaintiff Bethany Katz failed to prove that the DNC was her employer.
"The alleged sharing of funds and provision of 'critical staff salaries,' does not permit the court to reasonably infer that the redistribution of money—a fungible commodity that could be applied to salaries as easily as it could be applied to the purchase of stationary—evidences the authority to hire and fire," Jones said. "Additionally, posting job applications for field organizers and then participating in the training of those hired, does not plausibly allege that defendant DNC could have hired those individuals or that it had the authority to fire them if they failed to fulfill their job duties."
The relationship between the DNC and the Pennsylvania Democratic Party was complex, as indicated by court records.
According to Jones, Katz and similar organizers were directly employed by the Pennsylvania Democratic Party, but some of their duties related to the "Pennsylvania Coordinated Campaign," which performed campaign efforts under the brand of "Hillary for Pennsylvania." Although Hillary for President oversaw the coordinated campaign efforts, the DNC also coordinated and directed strategic initiatives directly with the Pennsylvania Democratic Party, Jones said. He added that the DNC directed the state party to hire and retain organizers, and when the party hired organizers, it did so with money provided by the DNC.
According to Jones, the job duties included making numerous phone calls each week as part of the get-out-the-vote effort, posting on social media, and collecting survey data from registered voters. Katz and other organizers would also input survey answers into Votebuilder, a database jointly operated by the DNC and the state party, which aggregated and synthesized voter information into one location so it could then be sold and licensed to other campaigns and third-party organizations, Jones said.
Jones said Katz and other organizers worked more than 40 hours each week, but were allegedly never paid overtime or any other extra compensation. Ultimately, Katz sued the DNC and the Pennsylvania Democratic Party in a proposed class action, alleging violations of both the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.
Much of Katz's arguments seeking to hold the DNC liable focused on that organization's ties with the state party and Hillary for President, which was a nonparty. Jones, however, rejected efforts to "collapse two independent legal entities into one," and said he would only consider allegations regarding the DNC's independent conduct.
However, Jones determined that Katz only proved the DNC's "involvement" in her employment, rather than "actual authority."
"The coordination and strategic involvement of separate legal entities with a common goal does not equal joint employer relationship in and of itself," Jones said. "If it did, defendant DNC inherently would be joint employers with each of its state affiliates."
Katz was represented by Justin Swidler and Joshua Boyette of Swartz Swidler in Cherry Hill, New Jersey. A message left at the firm seeking comment was not returned. Both Elisabeth Frost of Perkins Coie, who represented the DNC, and Ashley Baxter, of Fox Rothschild, who represented the Pennsylvania Democratic Party, did not return a call seeking comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSuperior Court Directs Western Pa. Judge to Recuse From Case Over Business Ties to Defendant
3 minute readKline & Specter and Bosworth Resolve Post-Settlement Fighting Ahead of Courtroom Showdown
6 minute readSaxton & Stump Lands Newly Retired Ex-Chief Judge From Middle District of Pa.
3 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250