Partial dismissal: claims limited to licensed periodsCivilTrial court
Carroll v. Al Jazeera International (Usa), LLC
Court
District Court, District of Columbia
Decided
Oct 2, 2026
Docket
Civil Action No. 2025-4549
Judges
Judge Beryl A. Howell
đDetailed analysis & 3-line summary
AI breakdown
Analyzed Oct 2, 2026
Where this case stands
This decision ·
Partial dismissal: claims limited to licensed periods
This is the first court to decide the case, so there's no lower-court ruling.
TL;DR
1The case involved ex-employees claiming they weren't paid full wages due to missing licenses.
2The court allowed them to sue for periods they held valid security licenses.
3The decision was based on the requirement of valid licenses for higher wages.
Key issues
1
Can employees sue for wages during license lapses?
Holding · The court ruled they can only sue for periods they held valid licenses, not during lapses.
2
Does failure to notify employees toll the statute of limitations?
Holding · The court found claims were not time-barred as the employer allegedly never provided required wage notices.
Why it matters
This affects security companies and their responsibilities in maintaining employee licenses and providing proper wage notifications.
If you were the judge?
Security guards demand back pay despite missing licenses
1Two former security guards claim they werenât paid enough by their employer.
2They say the company didnât notify them about proper wage rates.
3The company argues they canât sue because they lacked required licenses.
Can these ex-guards sue for back pay despite no licenses?
Parties
Plaintiff
Carroll
Defendant
Al Jazeera International (Usa), LLC
Roles are inferred from the case caption.
Opinion of the court
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MARTIN CARROLL, et al.,
Plaintiffs,
Civil Action No. 25-cv-4549 (BAH)
v.
Judge Beryl A. Howell
AL JAZEERA INTERNATIONAL (USA),
LLC, et al.,
Defendants.
MEMORANDUM OPINION
Plaintiffs Martin Carroll and Moses Iremiren brought suit against their former employer,
defendant United American Security, LLC, a private security company doing business as
GardaWorld, alleging that defendant unlawfully paid plaintiffs âless than the statutorily required
hourly wage and fringe benefits for security officers in office buildings,â in violation of the D.C.
Wage Payment and Collection Law (âDCWPCLâ), D.C. Code § 32-1301, et seq. First Am.
Compl. (âFACâ) ¶ 2, ECF No. 27. Pending before the Court is defendantâs motion to dismiss
plaintiffsâ amended complaint for failure to state a claim for relief, pursuant to Federal Rule of
Civil Procedure 12(b)(6), due to expiration of the applicable three-year statutory limitations
period, see Def.âs Mot. to Dismiss or Compel Arbitration and Stay (âDef.âs Mot.â), ECF No. 31;
Def.âs Suppl. Mem. Supp. Mot. to Dismiss (âDef.âs Suppl. Mem.â), ECF No. 44, which motion
plaintiffs oppose, see Pls.â Oppân to Def.âs Mot. to Dismiss (âPls.â Oppânâ), ECF No. 47. For
the reasons explained, this motion to dismiss is granted in part and denied in part.
I. BACKGROUND
The factual background and procedural history relevant to the pending motion are
described below.
1
A. Factual Background
The relevant facts are taken from plaintiffsâ amended complaint. See Casey v.
McDonaldâs Corp., 880 F.3d 564, 567 (D.C. Cir. 2018) (âOn a motion to dismiss, we must
assume that the allegations of the complaint are true.â). Defendant is a âsecurity services
companyâ that is âregistered with the District of Columbiaâ to âprovide[] security officers to
clients throughout the District.â FAC ¶ 12. 1 Plaintiffs Carroll and Iremiren were employed by
defendant as security officers to serve defendantâs clients at various locations. Id. ¶¶ 13-14, 21,
23. Defendant never âprovided [plaintiffs] the written notice of the security officer minimum
wage as required by law,â id. ¶ 107, and according to the amended complaint, proceeded to pay
plaintiffs âless than the statutorily required hourly wage and fringe benefits for security officers
in office buildings as set forth in D.C. Code § 32-1003(h),â id. ¶ 2; see also id. ¶¶ 6-9 (detailing
the wages allegedly owed to plaintiffs under Section 32-1003(h)).
Carroll worked for defendant âfrom approximately 2016 through approximately
September 24, 2024.â Id. ¶ 43. For part of this employment period, he held a security officer
license from the District of Columbia with number SO30453, from September 22, 2016, through
April 30, 2020. Id. ¶¶ 46, 48. After Carrollâs security officer license âexpiredâ in April 2020,
defendant âdid not obtain a renewed license for . . . Carroll until December 4, 2023,â id.
¶¶ 71-72, at which point Carroll was âa licensed security professional,â id. ¶ 47. Throughout
Carrollâs employment, defendant âmanaged and controlled the process of obtaining . . . Carrollâs
security officer license from the District of Columbia,â id. ¶ 48, and âcontinued to deploy . . .
Carroll in the same capacity, at the same post, performing the same duties, wearing the same
1
Plaintiffs initially named one of defendantâs clients, Al Jazeera International (USA), LLC (âAl Jazeeraâ), as
an additional defendant in this case and brought DCWPCL and unjust enrichment claims against it. See Notice of
Removal ¶¶ 5-6, ECF No. 1; FAC ¶¶ 116-45. Plaintiffs subsequently dismissed their claims against Al Jazeera, see
Notice of Voluntary Dismissal, ECF No. 53; Min. Order (Sept. 24, 2026), leaving defendant United American
Security, LLC as the sole remaining defendant.
2
uniform, without interruption,â even after Carrollâs license had expired, id. ¶ 53. Those duties
included âimplementing heightened security protocols,â âresponding to emergencies and
incidents,â âconducting regular patrols, monitoring CCTV, enforcing security policies to ensure
the safety of tenants and visitors, and maintaining a high level of awareness at all times.â Id.
¶¶ 58-59.
Iremiren worked for defendant as a security officer âfrom approximately September 2020
through approximately August 2022.â Id. ¶ 83. He held a security officer license from the
District of Columbia with number SO211252, for part of that employment period, from
March 10, 2021, through August 25, 2024. Id. ¶ 86. âAt all relevant times,â Iremirenâs duties
âinvolved safeguarding the premises and the people and property within itâscreening those who
enter, addressing situations that could threaten the building or its occupants (including alarms,
unsecured doors, or unauthorized individuals and trespassers), applying site rules designed to
keep tenants and visitors safe, conducting routine rounds, and maintaining constant situational
awareness.â Id. ¶ 88.
Plaintiffs allege, â[u]pon information and belief,â that they occasionally worked over
forty hours in a single workweek, but that defendant did not pay them âthe âDC Supplementâ for
any of [those] overtime hours, or hours in excess of forty in a workweek,â id. ¶¶ 61-63 (Carroll);
id. ¶¶ 90-92 (Iremiren), and that defendant also âviolated the [DCWPCL] by knowingly failing
to pay [p]laintiffs the required compensation for a âsecurity officerâ described in D.C. Code
§ 32-1003(h),â id. ¶ 114; see also id. ¶ 68 (Carroll alleging that defendant paid him âless than
minimum wage prescribed for security officers who work in office buildingsâ).
B. Procedural Background
Carroll initially filed this action in D.C. Superior Court on December 9, 2025, against
defendant and one of defendantâs clients, Al Jazeera International (USA), LLC (âAl Jazeeraâ),
3
seeking damages for unpaid minimum and overtime wages under the DCWPCL. See Notice of
Removal ¶¶ 5-7, ECF No. 1. The named defendants timely removed the action to federal court
on the basis of diversity jurisdiction. See id. ¶¶ 16-22, 41; Al Jazeeraâs Notice of Consent to &
Joinder in Notice of Removal, ECF No. 14. After briefing was completed on an initial motion to
dismiss, Carroll amended the complaint to add plaintiff Iremiren, who had filed a DCWPCL
claim against defendant in D.C. Superior Court, and to add an unjust enrichment claim against Al
Jazeera. See Pls.â Corrected Mot. for Leave to Amend Compl. at 1-2, ECF No. 22; Def.âs Resp.
to Pls.â Corrected Mot. for Leave to Amend Compl. at 2, ECF No. 23; Min. Order (May 5,
2026); see generally FAC.
Al Jazeera filed a motion to dismiss plaintiffsâ amended complaint, see Al Jazeeraâs Mot.
to Dismiss, ECF No. 28, and a related request to take judicial notice of the âthe District of
Columbia Department of Licensing and Consumer Protection (âDLCPâ) Occupational and
Professional License Search recordâ for Carrollâs credential issued on December 4, 2023, Mot. to
Take Judicial Notice at 1, ECF No. 30, both of which motions were ultimately denied as moot
when plaintiffs voluntarily dismissed their claims against Al Jazeera, see Notice of Voluntary
Dismissal, ECF No. 53; Min. Order (Sept. 24, 2026).
Meanwhile, defendant filed its own motion to dismiss plaintiffsâ amended complaint, or,
in the alternative, compel arbitration and stay proceedings on May 22, 2026. See Def.âs Mot.
at 1-2. Less than two weeks later, however, plaintiffs moved, without opposition, to stay briefing
on defendantâs motion pending a decision in a separate case before this Court raising defendantâs
âlead argument,â so that the partiesâ briefs could address the impact of that decision. See Pls.â
Mot. to Stay Briefing at 2, ECF No. 36; Pls.â Proposed Order at 1, ECF No. 36-4 (citing Chang
v. United American Security, LLC, No. 1:24-cv-02377-BAH (D.D.C.)). Following issuance of
4
this Courtâs decision in Chang, the parties completed supplemental briefing on defendantâs
pending motion, on July 30, 2026. See Min. Order (June 25, 2026) (citing Chang v. United
American Security, No. 24-cv-2377 (BAH), 2026 WL 1661436 (D.D.C. June 9, 2026)); Def.âs
Reply Supp. Mot. to Dismiss (âDef.âs Replyâ), ECF No. 49. In its supplemental briefing,
defendant clarified that it âhas voluntarily withdrawn, without prejudice, the alternative reliefâ
to compel arbitration and stay proceedingsâthat it initially sought,â and is now seeking only
dismissal of the amended complaint for failure to state a claim. Def.âs Suppl. Mem. at 2 n.2.
Defendantâs motion to dismiss is now ripe for review. See Def.âs Reply.
II. LEGAL STANDARD
To survive a Rule 12(b)(6) motion to dismiss, the âcomplaint must contain sufficient
factual matter, accepted as true, to âstate a claim to relief that is plausible on its face.ââ Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)). A facially plausible claim pleads facts that are not ââmerely consistent withâ a
defendantâs liabilityâ but âthat allow[] the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.â Id. (quoting Twombly, 550 U.S. at 557). In
deciding a motion under Rule 12(b)(6), a court must accept all factual allegations as true, âeven
if doubtful in fact,â Twombly, 550 U.S. at 555, and âconstrue the complaint in favor of the
plaintiff,â Langeman v. Garland, 88 F.4th 289, 294 (D.C. Cir. 2023) (internal quotation marks
omitted) (quoting Hettinga v. United States, 677 F.3d 471, 476 (D.C. Cir. 2012)). Courts,
however, âneed not accept inferences . . . not supported by the facts set out in the complaint, nor
must the court accept legal conclusions.â Id. (quoting Hettinga, 677 F.4th at 476). In
determining whether a complaint fails to state a claim, a court may consider only âthe facts
alleged in the complaint, documents attached thereto or incorporated therein and matters of
5
which it may take judicial notice.â Simmons v. Rubio, 170 F.4th 905, 910 (D.C. Cir. 2026)
(quoting Abhe & Svoboda, Inc. v. Chao, 508 F.3d 1052, 1059 (D.C. Cir. 2007)).
III. DISCUSSION
Defendant primarily moves to dismiss plaintiffsâ amended complaint because plaintiffs
did not possess the security officer license required to qualify for the heightened wage rate due
under D.C. Code § 32-1003(h) during the applicable statute-of-limitations period. See Def.âs
Suppl. Mem. at 5. Also, âto complete the record,â âsatisfy its obligation to address [legal]
authority,â and âpreserve [its] appellate rights,â defendant âreasserts [its] argumentâ that
plaintiffs DCWPCL claim may not proceed independently of a corresponding claim under the
D.C. Minimum Wage Act (âDCMWAâ), see id. at 2 n.2. Defendantâs DCMWA argument is
quickly dispatched before turning to its statute-of-limitations argument.
A. Plaintiffsâ DCWPCL Claims Are Viable Without DCMWA Claims
Defendant âacknowledges that this Court held in Chang that a DCWPCL claim may
proceed independently of a claim under the DCMWA,â but contends that this case is
âdistinguishableâ from the cases cited in Chang as permitting standalone DCWPCL actions.
Def.âs Suppl. Mem at 3 (citing Chang, 2026 WL 1661436, at *7-9 & n.8). The basis on which
defendant attempts to distinguish plaintiffsâ DCWPCL claims from those alleged in the cases
cited in Changâi.e., Wilson v. On the Rise Enterprises, LLC, 305 F. Supp. 3d 5 (D.D.C. 2018)
and Akinsinde v. Not-for-Profit Hospital Corp., 216 F. Supp. 3d 33 (D.D.C. 2016)âis that
plaintiffs here âdo not allege they received no wages or were not paid for time that they workedâ
but rather allege âthat they were paid at the wrong rateâ for that work. Id. at 4 (emphasis in
original). In defendantâs view, this âwrong rateâ allegation âmakes the instant matter more
closely analogousâ to âthe more apposite authorityâ in Chan Chan v. Childrenâs National
6
Medical Center, No. 18-cv-2102 (CKK), 2019 WL 4471789 (D.D.C. Sept. 18, 2019). Id. The
Court disagrees.
Defendantâs reliance on Chan Chan is misplaced. As the Judge who authored Chan
Chan recently recognized, that decision did not account for the 2014 amendments to the
DCWPCL, which âprovid[e] that an employee may âpursue [the] balance of unpaid wagesâ under
the DCWPCL . . . regardless of whether an employer previously paid an undisputed portionâ of
those wages. Ronaldson v. Natâl Assân of Home Builders, No. 19-cv-1034 (CKK), 2026 WL
2593306, at *7 (D.D.C. Sept. 2, 2026) (citation omitted) (noting that âthe Court does not relyâ on
âthe authorities that [the defendant] offers,â including Chan Chan, ânone of which addressed the
2014 amendments to the DCWPCLâ); see also Gwapadinga v. Fescum Inc., 636 F. Supp. 3d 71,
73 & n.1 (D.D.C. 2022) (explaining the outdated nature of caselaw that âfailed to take into
account the statutory amendmentsâ); Shea Yeleen Health & Beauty, LLC v. Off. of Wage-Hour,
343 A.3d 551, 559 (D.C. 2025) (âThe [DCWPCLâs] current version . . . allows an employee to
pursue unpaid wages . . . even if those wages are disputed and the employer paid conceded
wages.â). Following those 2014 amendments, plaintiffs can undoubtedly bring their DCWPCL
claims for unpaid wages to recover the difference between the portion of wages that defendant
already paid to plaintiffs at a lower rate and the wages that plaintiffs contend, and defendant
disputes, they are due under the higher rate of pay established by Section 32-1003(h). This Court
already confirmed as much in Chang, clarifying that âthe DCWPCL clearly contemplates
application of this statute even â[i]n the case of a bona fide dispute concerning the amount of
wages due,ââ 2026 WL 1661436, at *8 (quoting D.C. Code § 32-1304), so âthe fact that
defendant believes the amount of wages owed [is] less than âclear[],â . . . has no bearing on
7
plaintiffsâ DCWPCL claim[s],â id. (citation omitted). Defendant offers no persuasive reason to
depart from this Courtâs holding in Chang, so dismissal on this ground is not warranted.
B. Plaintiffsâ Claims Are Not Barred by the Statute of Limitations
Turning to the core dispute, defendant asserts that â[p]laintiffsâ DCWPCL claims fail as a
matter of law because they did not possess the [s]ecurity [o]fficer license required to qualify for
the heightened wage rate applicable to [s]ecurity [o]fficers working in [o]ffice [b]uildings during
the applicable statute-of-limitations period.â Def.âs Suppl. Mem. at 5. Resolution of this
challenge turns on the applicable statute of limitations, plus any statutory provisions providing
for tolling and delayed accrual.
The DCWPCL provides that an action âto enforce any cause of action for unpaid wagesâ
under the DCWPCL, DCMWA, or similar provisions of D.C. law âmust be commenced within 3
years after the cause of action accrued, or of the last occurrence if the violation is continuous.â
D.C. Code § 32-1308(c)(1). The same provision provides for tolling of that three-year statute of
limitations period for certain periods, including â[d]uring any period that the employer fails to
provide the complainant with actual or constructive notice of the employeeâs rights.â Id.
§ 32-1308(c)(2)(B). Critically for plaintiffsâ purposes, another section of D.C. labor law further
elaborates on this three-year statute of limitations, specifying that â[t]he period prescribed in
§ 32-1308(c) shall not begin until the employee is provided all itemized statements and written
notice required by this section.â D.C. Code § 32-1008(d)(3) (emphasis added). That mandatory
written notice must specify, among other things, â[t]he employeeâs rate of pay and the basis of
that rateâ and must be provided at âthe time of hiring, and whenever any of the information
contained in the written notice changes.â Id. § 32-1008(c)(4).
The D.C. Council enacted these timing provisions as part of the D.C. Wage Theft
Prevention Amendment Act of 2014, which sought to âincrease[] the penalties for employers
8
who commit wage and hour violationsâ and âmake[] it easier for workers to collect awards from
businesses that steal their wages.â D.C. Council, Comm. On Bus., Consumer and Regul. Affs.,
Bill 20-671, Wage Theft Prevention Amendment Act of 2014, at 2 (Apr. 10, 2014) (âCommittee
Reportâ), https://lims.dccouncil.gov/downloads/LIMS/31203/Committee_Report/B20-0671-
CommitteeReport1.pdf?Id=60927 [https://perma.cc/NM27-LDKJ]. That Act simultaneously
amended several D.C. wage laws, including the DCWPCL and DCMWA, thereby highlighting
those statutesâ mutual goal of strengthening worker protections. See Wage Theft Prevention
Amendment Act of 2014, D.C. Law 20-157, 61 D.C. Reg. 10157 (eff. Feb. 26, 2015) (detailing
the various statutes amended by the Act). Aware that â[a]s the nationâs capital, the District is
looked to by all states to exemplify equity to all our citizens,â the innovative provisions of the
Act reflected the D.C. Councilâs desire to âlead by example by implementing sound and strong
employment wage policies.â Committee Report at 4. While various provisions of the Act were
questioned as âlegally objectionable, ambiguous, or otherwise problematic,â Letter from Vincent
C. Gray, Mayor of the District of Columbia, to Phil Mendelson, Chairman of the D.C. Council
at 1 (Sept. 22, 2014), https://lims.dccouncil.gov/downloads/LIMS/31203/Other/B20-0671-Letter-
from-Mayor-on-returning-measure-signed3.pdf?Id=97423 [https://perma.cc/8MVG-5HBY], the
provision conditioning the beginning of the statute of limitations period on an employeeâs receipt
of written notice in Section 32-1008(d)(3) received no such criticism. Instead, that provisionâs
language is repeated nearly verbatim in a nearby section of the DCWPCL. See D.C. Code
§ 32-1009(a).
Defendant asserts that â[e]ven assuming [p]laintiffs can state viable claims for periods
during which they maintained the required security officer certification, those claims are barred
by the applicable three-year statute of limitationsâ in Section 32-1308(c). Def.âs Suppl. Mem.
9
at 8-9; cf. Def.âs Reply at 8-11 (recognizing that tolling considerations may complicate this
question). Plaintiffs correctly point out, however, that, accepting their factual allegations as true,
as is required at the motion to dismiss stage, see Twombly, 550 U.S. at 555-56, âthe limitations
clock has not startedâ because defendant ânever gave [p]laintiffsâ the âwritten notice of wages
the statute requires,â Pls.â Oppân at 6 (citing D.C. Code §§ 32-1008(d)(3), 32-1308(c)(2)(B)).
The amended complaint expressly alleges that defendant did not âprovide[] the written notice of
the security officer minimum wage as required by law,â FAC ¶ 107, and defendant offers no
argument to dispel the plausibility of that allegation, see Def.âs Reply at 6-7 (discussing the
notice provided to employees by the Mayor during the security officer certification process
without refuting plaintiffsâ allegations that defendant failed to provide the written notice required
by Section 32-1008).
â[B]ecause statute of limitations issues often depend on contested questions of fact,
dismissal is appropriate only if the complaint on its face is conclusively time-barred.â de Csepel
v. Republic of Hungary, 714 F.3d 591, 603 (D.C. Cir. 2013) (quoting Firestone v. Firestone, 76
F.3d 1205, 1209 (D.C. Cir. 1996) (per curiam)). Thus, âcourts should hesitate to dismiss a
complaint on statute of limitations grounds based solely on the face of the complaint.â
Firestone, 76 F.3d at 1205. The face of plaintiffsâ amended complaint, at the very least, raises
doubts as to whether defendant provided plaintiffs with written notice of their applicable rates of
pay as security officers, and, accordingly, as to whether any portion of plaintiffsâ claims are
time-barred. Indeed, in a closely similar case, where the parties disputed facts as to whether the
employer defendants posted or provided the notice required under the analogous provision of
D.C. Code § 32-1009, the defendantsâ motion for summary judgment on a DCMWA claim on
statute of limitation grounds was denied. See Medina v. Kevorkian Cleaning Co., 444 F. Supp.
10
3d 204, 210 (D.D.C. 2020) (observing that â[t]he Act provides that . . . âthe [running of the
statute of limitations] shall not begin until the employer posts or provides the required noticeââ
(quoting D.C. Code § 32-1009)). Since the parties in that case âoffered conflicting evidence as
to whether [the defendants] satisfied the[] notice requirements,â âsummary judgment [was] not
warrantedâ even insofar as the plaintiffâs claim âpertain[ed] to the conductâ that occurred over
three years prior to the filing of plaintiffâs complaint. Id.
Here, accepting as true plaintiffâs plausible allegation that defendant failed to provide
notice, see FAC ¶ 107, the statute of limitations clock has not begun to run, and dismissal of
plaintiffsâ claims on statute of limitations grounds is not warranted, see de Csepel, 714 F.3d at
604 (observing that â[a]t summary judgment, [a defendant] may well be able to show
that . . . claims accruedâ earlier, â[b]ut at the motion to dismiss stage, we look only at the
complaintâ).
C. Plaintiffsâ Claims Are Limited to Periods During Which They Held Security
Officer Certifications
Although plaintiffsâ claims are not, at this stage, subject to dismissal pursuant to the
statute of limitations in Section 32-1308(c), defendant argues that, under this Courtâs decision in
Chang, plaintiffs cannot state a claim for relief as to periods in which plaintiffs were not
employed by defendant as certified security officers due to lapses of plaintiffsâ certifications.
Def.âs Suppl. Mem. at 5-6, 8-9 (citing Chang, 2026 WL 1661436, at *7-9). The parties agree
that plaintiffsâ claims cover âperiods in which [p]laintiffs indisputably held licenses,â Pls.â
Oppân at 6, but dispute the consequences for the periods when those licenses lapsed.
Plaintiffs contend that defendantâs âalleged conduct supports estoppelâ and âbar[s]â
defendant from disclaiming plaintiffsâ certification statuses âduring a gap created by its own acts
and omissions,â and also that â[w]hether [p]laintiffs held qualifying licensure during any
11
particular period is a fact question that cannot be decided on the pleadings.â Pls.â Oppân at 5.
Defendant has the stronger argument on this point, however.
After conducting statutory interpretation, this Court concluded in Chang that âD.C. law
requires an individual to hold security officer certification to qualify forâ the heightened
minimum wage of âa security officer working in an office building in the District of Columbia,â
established by Section 32-1003(h). 2026 WL 1661436, at *7, *9 (citation omitted). Performing
âat least one of the security officer dutiesâ described in Section 2100.1 of Title 17 of the D.C.
Municipal Regulations does not create âentitle[ment] to the security officer minimum wage.â Id.
(citing 17 D.C. Mun. Regs. § 2100.1). To the contrary, performing such duties without
âhold[ing] security officer certificationsâ is not âlawful,â and subjects both employees and
employers to liability under D.C. law. Id. at *9 & n.9 (citing 17 D.C. Mun. Regs. §§ 2100.6,
2101, 2126). Plaintiffsâ estoppel argument cannot displace the statutory eligibility requirements
of Section 32-1003(h), which make no exception for individuals unlawfully performing the
duties of security officers without the requisite certifications. See Def.âs Reply at 6 (citing Ocho
v. United Am. Sec., LLC, No. 2026-CAB-000308 (D.C. Super. Ct. July 1, 2026)). Put another
way, that defendant was willing to subject itself to liability by tasking plaintiffs to perform duties
of a licensed security officer while plaintiffs were unlicensed does not render plaintiffs eligible
for higher wages for those periods of unlawful work.
The only relevant question remaining then is during which periods of plaintiffsâ
employment with defendant did plaintiffs hold a security officer certification entitling them to
the wages prescribed by Section 32-1003(h). According to the amended complaint, Iremiren
held a security officer license from March 10, 2021, through the end of his employment with
defendant in approximately August 2022, and was thus plausibly entitled to higher wages during
12
that period. FAC ¶¶ 83, 86. The inquiry is more nuanced for Carroll, who the amended
complaint alleges held a security officer license from September 22, 2016, through April 30,
2020, but not for the period after that date âthrough approximately September 24, 2024,â when
he stopped working for defendant. Id. ¶¶ 43, 46. Plaintiffs contend that the âalleged gapsâ in
Carrollâs licensure are âsubject to reasonable dispute,â making defendantâs arguments about his
lack of certification during certain periods of employment âinappropriateâ to resolve at the
motion to dismiss stage. Pls.â Oppân at 5-6. Those purported factual disputes are addressed in
turn below.
First, plaintiffs assert that âCarrollâs April 30, 2020 lapse arose during the public health
emergency declared for the COVID-19 pandemic, when the District of Columbia treated
expiring credentials as remaining valid,â and â[w]hether Carrollâs credential was extended by
those measures during the relevant period cannot be resolved against him on the pleadings.â Id.
at 5 (citing D.C. Act 23-247 § 310; D.C. Law 24-9 § 312). While the exact expiration date of
Carrollâs security officer license need not be determined at the motion to dismiss stage, judicial
notice may be taken of the fact that the latest date on which the District of Columbia may have
âtreated expiring credentials as remaining validâ pursuant to COVID-19 emergency measures,
Pls.â Oppân at 5, was July 15, 2022, see Notice of Emergency Rulemaking, 67 D.C. Reg. 3828
(Apr. 3, 2020) (declaring that security officer licenses shall not âexpire until ninety (90) days
after the end of the public and public health emergenciesâ declared by the D.C. Mayor âand
during any extension of those emergenciesâ); Roseâs 1, LLC v. Erie Ins. Exch., 290 A.3d 52, 55
(D.C. 2023) (explaining that the D.C. public health emergency ended on July 25, 2021, and the
D.C. public emergency ended on April 16, 2022); see also Fed. R. Evid. 201; Simmons, 170
13
F.4th at 910 (explaining that a court may consider âmatters of which it may take judicial noticeâ
when deciding a Rule 12(b)(6) motion (citation omitted)). 2
Second, the amended complaint states that, while Carroll held a âsecurity officer licenseâ
with ânumber SO30453â until April 30, 2020, he âwas a licensed security professional from
December 4, 2023, through December 4, 2024.â Id. ¶¶ 46-47 (emphasis added). Plaintiffs
choose their words carefully when discussing that second professional status in their briefing,
describing it as âa new credential,â Pls.â Oppân at 3, rather than a new license or certification.
Defendant contends that âthe only license Plaintiff Carroll held during this period was a Special
Police Officerâs license as can be established through public records,â Def.âs Mot. at 14 n.9; see
also Def.âs Suppl. Mem. at 9 n.3, an assertion to which plaintiffs do not respond, see Pls.â Oppân
at 5-6 (raising factual disputes as to gaps in licensure without discussing the nature of Carrollâs
second credential); Def.âs Reply at 5 n.1. The Court, relying on those licensing search results for
Carroll, generated on an official D.C. government website and showing his licensure as a
âSecurity Officerâ through April 30, 2020, and as a âSpecial Police Officerâ from December 4,
2023, to December 4, 2024, see Occupational & Pro. License Search, D.C. Depât of Licensing &
Consumer Prot., https://govservices.dcra.dc.gov/oplaportal (last visited Sept. 29, 2026), takes
judicial notice that Carrollâs second credential was not a security officer license, see Fed. R.
Evid. 201; de Sousa v. Embassy of Republic of Angola, 267 F. Supp. 3d 163, 171 & n.5 (D.D.C.
2017) (taking judicial notice of business filing search results from the D.C. Department of
Consumer and Regulatory Affairs); Open Cmtys. All. v. Carson, 286 F. Supp. 3d 148, 175 n.16
2
Defendant incorrectly asserts that âeven under the most favorable view of the emergency measures,â
Carrollâs license was extended âthrough October 23, 2021, at the latestââi.e., ninety days after the public health
emergency ended. Def.âs Reply at 5. The notice of emergency rulemaking is clear, however, that the extension of
the license was tied to both the end of the public health emergency and the later-terminated public emergency. See
Notice of Emergency Rulemaking, 67 D.C. Reg. 3828 (Apr. 3, 2020). It remains an open question, subject to further
exploration by the parties, whether the emergency rule should be given full effect, since its terms specify that it âwill
remain in effect for up to one hundred twenty (120) days from the date of adoption . . . unless superseded by a
further emergency or final rulemaking.â Id.
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(D.D.C. 2017) (taking judicial notice of search results on âthe United States Postal Serviceâs
âLook Up A ZIP Codeâ toolâ); cf. Simmons, 170 F.4th at 910 (explaining that a court may
consider âmatters of which it may take judicial noticeâ when deciding a Rule 12(b)(6) motion)
(citation omitted)). Considering these judicially noticeable facts and drawing inferences in
plaintiffsâ favor at this early stage of litigation, the only periods during which Carroll plausibly
alleged that he was a licensed security officer employed by defendant was from September 22,
2016, through July 15, 2022.
Plaintiffsâ final argument is that defendant âcannot obtain a partial dismissal by asking
the Court to slice allegedly uncertified stretches out of an otherwise viable claim,â and since
plaintiffsâ DCWPCL claim includes âthe periods in which [p]laintiffs indisputably held
licenses,â it should âsurvive[] in full.â Pls.â Oppân at 5-6 (citing FTC v. Facebook, Inc., 581 F.
Supp. 3d 34, 60 (D.D.C. 2022)). This is wishful thinking by plaintiffs. Motions to dismiss are
regularly granted in part and insofar as a plaintiffâs claim pertains to inactionable periods of time.
See, e.g., Klotzbach-Piper v. Natâl R.R. Passenger Corp., 373 F. Supp. 3d 174, 187 (D.D.C.
2019) (âThe Court therefore grants the motion to dismiss Counts VI and VIII, to the extent they
reach conduct occurring after August 1, 2016.â); Lee as Next Friends of M.L. v. Seed Pub.
Charter Sch. of Washington, D.C., No. 18-cv-2786 (CKK), 2019 WL 4469285, at *5 (D.D.C.
Sept. 18, 2019) (denying in part defendantâs motion to dismiss âinsofar as it pertain[ed] to
allegations occurring on or after August 22, 2017,â when the one-year limitations began); Sims v.
Sunovion Pharms., Inc., No. 17-cv-2519 (CKK), 2019 WL 690343, at *7 (D.D.C. Feb. 19, 2019)
(granting in part defendantâs motion to dismiss because âonly those employment decisions
occurring on or after January 6, 2016 are actionableâ). Such partial dismissal is appropriate here
to prevent the devotion of resources towards discovery into periods of plaintiffsâ unlicensed
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work when plaintiffs were statutorily ineligible for higher wages. 3 Defendantâs motion is thus
denied as to the periods in which plaintiffs plausibly alleged that they were employed by
defendant and entitled to the heightened wages for licensed security officers in D.C. Code
§ 32-1003(h)âi.e., September 22, 2016, through July 15, 2022, for Carroll, and March 10, 2021,
through approximately August 2022, for Iremirenâand defendantâs motion is granted as to the
remaining periods in which plaintiffs did not hold security officer certifications while working
for defendant.
IV. CONCLUSION
For the foregoing reasons, defendantâs motion to dismiss the amended complaint,
pursuant to Federal Civil Rule of Procedure 12(b)(6), is granted only as to the periods of time
when plaintiffs did not hold security officer licenses while employed by defendants and is
otherwise denied. An order consistent with this Memorandum Opinion will be entered
contemporaneously.
Date: October 2, 2026
__________________________
BERYL A. HOWELL
United States District Judge
3
The authority cited by plaintiff for the proposition that âa court may not carve out and dismiss portions of
an otherwise adequately pleaded claim,â Pls.â Oppân at 5, recognized that âthe D.C. Circuit does not appear to have
weighed in on the issue,â Facebook, Inc., 581 F. Supp. 3d at 60; see also S. Poverty Law Ctr. v. U.S. Depât of
Homeland Sec., 605 F. Supp. 3d 157, 160 n.1 (D.D.C. 2022) (recognizing âsome disagreement among the federal
courts as to whether Federal Rule of Civil Procedure 12 permits a district court to dismiss a portion of a claim (i.e., a
theory of liability)â but noting that the â[D.C. Circuit] has appeared to endorse, but not hold, that a court may
partially dismiss a claim for reliefâ). Moreover, neither Facebook, Inc. nor the only Court of Appeals decision it
cites addressed the propriety of dismissing a portion of a claim as unsupported by factual allegations as to a certain
period of time; rather, both considered whether dismissals of substantive theories of liability underlying a claim
were proper. See 581 F. Supp. 3d at 60 (addressing whether to âdismiss the portion that encompasse[d] challenges
toâ policies that the defendant was not enforcing); BBL, Inc. v. City of Angola, 809 F.3d 317, 323, 325 (7th Cir.
2015) (criticizing the district courtâs decision to grant judgment on the pleadings, which is assessed under the same
standard as a Rule 12(b)(6) motion to dismiss, as to âthe first two elements of the [applicable legal] testâ for one of
the claims). Considering the unsettled nature of this question and the contrary authority dismissing portions of
plaintiffsâ complaints as to unactionable periods of time, the approach taken in FTC v. Facebook, Inc., 581 F. Supp.
3d 34 (D.D.C. 2022), is not followed here.
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