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Jorge v. Power Design, Inc.

United States District Court, D. Maryland

May 28, 2015

AMAYA, JORGE, et al.
v.
POWER DESIGN, INC

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

Plaintiff has brought this action under the Fair Labor Standards Act, the Maryland Wage Payment and Collection Law, and the Maryland Workplace Fraud Act. Defendant has filed a motion for summary judgment. The motion will be granted. The reasons for my granting of the motion may be briefly stated.

First, the contract between plaintiffs and defendant was a federal one to which the Davis Bacon Act and the Contract Work Hours Safety Standards Act apply. There is no private right of action under either of the applicable statutes. Those statutes do not provide a private right of action but only for enforcement of the standards they impose by the Department of Labor. Plaintiffs cannot circumvent those statutes by bringing claims under the Fair Labor Standards Act as they have done in count I. See Duran Quezada v. Clark Constr. Grp., 213 U.S. Dist. LEXIS 179104, at *1 (D. Md. Dec. 20, 2013), aff'd, 582 Fed.Appx. 238 (4th Cir. 2014).

Second as to the state law claims, plaintiffs worked at a "federal enclave, " specifically the Bethesda Navy Exchange. Therefore, the state statutes upon which they rely are not applicable. See Bouthner v. Cleveland Constru. Inc., ...


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