A motorist, a citizen of State A, was injured when her car collided with a bakery delivery truck. The bakery company that owns the truck is a State B corporation based in State B. The driver of the truck is a citizen of State A and an employee of the bakery company, and he was acting in the scope of his employment when the collision occurred. The motorist filed an action against the bakery company in federal district court. The complaint alleges that the bakery company is liable for the negligence of its employee, the driver. The bakery company in turn filed a third-party claim against its driver, alleging that he, as the primarily negligent party, is liable to the company for any sum that the motorist recovers from it.
Can the driver, once impleaded, assert and maintain in the same action a counterclaim against the bakery company under the federal Fair Labor Standards Act to recover $2,000 in wages that the company failed to pay the driver?