Macintyre v. Moore
Pro se plaintiffs Stephen R. MacIntyre and Scott E. Sullivan sued Jack W. Moore and the Town of Henrietta, alleging Fair Labor Standards Act (FLSA) violations and unjust enrichment, stemming from their alleged misclassification as independent contractors. The defendants filed a motion to dismiss, challenging the unjust enrichment claim and the FLSA claim against Moore. The court granted dismissal of the unjust enrichment claim, finding an implied-in-fact contractual relationship barred it, and dismissed the FLSA claim against Moore in his official capacity as redundant. However, the court denied the motion to dismiss the FLSA claim against Moore in his individual capacity, concluding that a public official can be held individually liable as an "employer" under the FLSA based on an "economic realities" test. Consequently, the FLSA claims against Moore in his individual capacity and the Town of Henrietta will proceed.