E.D. Mo. Denies TriNet USA's Bid to Dismiss Equal Pay Act Claims Over Joint Employer Status

Plaintiff Angela Oleksa, a former Director of Technical Service and Support at election technology firm Know Ink, LLC, alleges she was paid less than male peers performing substantially equal work. She also claims she faced retaliation after complaining about the pay disparity, which she says contributed to her constructive discharge in May 2024.

Oleksa sued Know Ink, its manager Scott Leiendecker, and TriNet USA, Inc., d/b/a TriNet. She asserts that TriNet USA, which provided human resources support and issued her paychecks, should be liable as a co-employer under the Fair Labor Standards Act and Equal Pay Act.

TriNet USA moved to dismiss Counts I and III of the complaint, arguing that Oleksa failed to allege specific actions or inactions by the company. TriNet contended that liability cannot rest solely on its designation as a co-employer in an employee handbook and its role in issuing paychecks.

Magistrate Judge Patricia L. Cohen denied the motion, noting that the economic realities test for joint employment is a fact-intensive inquiry. The court explained that challenges to joint employer status are rarely appropriate on a motion to dismiss because they require a full record to evaluate the totality of the circumstances.

Judge Cohen pointed out that key documents, such as the TriNet USA Worksite Employee Handbook, were not attached to the complaint. Without the actual text of the handbook or the underlying agreement between TriNet and Know Ink, the court could not determine whether TriNet exercised sufficient control over Oleksa's employment to qualify as an employer.

The court emphasized that while the broad definition of "employer" under the FLSA allows for multiple entities to be liable for the same employee, the specific facts regarding control over hiring, firing, supervision, and payment must be developed through discovery.

TriNet USA's motion to dismiss is denied without prejudice. The company retains the right to renew its arguments regarding joint employer status on a motion for summary judgment once the factual record is established.