U.S. Magistrate Judge Patricia L. Cohen held that Oleksa plausibly alleged Leiendecker was her employer under the Fair Labor Standards Act because he controlled her compensation.
Oleksa, who served as Director of Technical Service and Support for Know Ink, alleged she was paid less than male peers performing substantially equal work.
Her complaint cites a 2022 bonus of $10,000, which was $5,000 less than her previous year's bonus. Oleksa claimed that several male subordinates and peers received $20,000 bonuses that year. Leiendecker allegedly told her that "he had just looked at the bonus list and knew he had to make a cut from somewhere and selected [Plaintiff]." After Oleksa objected, Leiendecker increased her 2022 bonus to $15,000, which remained $5,000 lower than her male subordinates and peers.
Oleksa also alleged her salary lagged behind that of Keith Klein, a male Director of Software Development who earned approximately $140,000 in 2022 while she earned $92,700.
Oleksa requested a raise to $120,000 during her October 2022 performance review. Leiendecker denied the request, and according to Jamie Schneider, the company's then Chief of Human Resources, "the reason given by Defendant Leiendecker for denying [Plaintiff's] raise was that he, 'was not prepared to move forward at that time.'"
The court held that Oleksa sufficiently alleged that Leiendecker, as the company's ultimate decision maker, determined the levels of her salary and bonuses.
Oleksa further alleged retaliation for complaining about pay disparities, including being removed from the performance review process and having leadership duties reassigned to male colleagues.
Cohen noted that joint employer status is a fact-intensive inquiry rarely appropriate for dismissal at the pleading stage.
The motion to dismiss was denied without prejudice to Leiendecker's right to renew his arguments on summary judgment.