WILLIAM CASPERSON, individually and on behalf of a class of persons similarly-situated, Plaintiffs,
AAA SOUTHERN NEW ENGLAND, JOHN DOE COMPANIES, 1 through 10, inclusive, and JOHN DOES, 1 through 10 inclusive, Defendants.
County Superior Court
Plaintiff: V. Edward Formisano, Esq.
Defendant: Brendan J. Lowd, Esq. Christina L. Lewis, Esq.
the Court for decision is Defendant AAA Southern New
England's(hereinafter, AAA) Motion for Judgment on
the Pleadings on Plaintiff William Casperson's
(hereinafter, Casperson) remaining count for unpaid wages in
this putative class action suit. AAA asserts that the Court
must find for it as there is no private cause of action under
the statute that Casperson has invoked to support his claim
for premium wages. This Court has jurisdiction pursuant to
G.L. 1956 § 8-2-14.
a Delaware corporation duly registered with the State of
Rhode Island and maintains its principal place of business in
the City of Providence. Additionally, AAA employs individuals
in the State of Rhode Island and is engaged in the motor
vehicle service industry, providing "roadside
assistance" services to its customers, including, but
not limited to: towing, mechanical adjustments, vehicle fuel
delivery, battery replacement, vehicle extrication, and
October 19, 2009, AAA hired Casperson as a tow truck driver.
During his tenure at AAA, he was required to work on Sundays
on a weekly basis for at least eight hours per week. He
earned $11.50 per hour and worked twenty-four hours per week,
including Sundays and holidays. In June 2011, Casperson
became a permanent, full-time flatbed driver for AAA. At that
time, he earned $12.50 per hour and worked thirty-nine hours
per week, including Sundays and holidays. AAA terminated
Casperson on March 13, 2014, presumably for reasons unrelated
to his work schedule.
December 15, 2014, Casperson filed this action against AAA
alleging: (I) violations of the Payment of Wages Act
(hereinafter, the Wage Act); (II) violations of the Rhode
Island Work on Holidays and Sundays Act (hereinafter, the
Sunday Pay Act); and (III) unjust enrichment. AAA moved to
dismiss the claims under Super. R. Civ. P. 12(b)(6), which
this Court granted in part and denied in part on December 22,
2015. In its Decision, the Court dismissed Counts I and III
of the Complaint, but denied AAA's motion as to Count
II-the Sunday Pay Act claim.
January 19, 2016, AAA filed its Answer and Affirmative
Defenses to Casperson's Complaint, denying most of
Casperson's allegations and raising various defenses. AAA
now moves for a judgment on the pleadings under Super. R.
Civ. P. 12(c), arguing the Sunday Pay Act does not provide a
private cause of action for alleged unpaid premium pay wages.
Naturally, Casperson opposes the motion. Therefore, the issue
is whether Casperson may maintain this private action under
the Sunday Pay Act.
Standard of Review
criteria that the Court considers in deciding whether to
grant a motion for judgment on the pleadings is well settled
in this jurisdiction. "A Rule 12(c) motion for judgment
on the pleadings provides a trial court with the means of
disposing of a case early in the litigation process when the
material facts are not in dispute after the pleadings have
been closed and only questions of law remain to be
decided." Haley v. Town of Lincoln, 611 A.2d
845, 847 (R.I. 1992). A Rule 12(c) motion "is the same
as the standard applicable to a Rule 12(b)(6) motion to
dismiss." Przygoda v. Clifford J. Deck, CPA,
Inc., 2010 WL 1956239, at *2 (R.I. Super. May 12, 2010).
"When ruling on a Rule 12(b)(6) motion, the trial
justice must look no further than the complaint, assume that
all allegations in the complaint are true, and resolve any
doubts in a [non-movant's] favor." R.I.
Affiliate, ACLU v. Bernasconi, 557 A.2d 1232, 1232 (R.I.
1989). Therefore, a court should only grant a Rule 12(c)
motion when the moving party is able to demonstrate to a
certainty that the non-moving party will not be entitled to
relief under any set of facts that might be proved at trial.
Haley, 611 A.2d at 847.
Casperson's Erroneous Interpretation of ...