Severino v. Avondale Care Group, LLC

Background

Keila Severino, Khady Gueye, and Delsa Jimenez sued Avondale Care Group, LLC, individually and for other similarly situated workers under the Fair Labor Standards Act (FLSA) and New York Labor Law. They alleged that Avondale employed home health aides for live-in 24-hour shifts but paid them only for 13 hours at the applicable minimum wage, leaving 11 hours unpaid. They also alleged that Avondale did not pay for interrupted meal periods or sleep periods and did not pay time-and-a-half overtime for all hours worked over 40 in a workweek.

For purposes of this motion, the court treated the plaintiffs’ factual allegations as true and did not weigh the merits, resolve factual disputes, or decide credibility. The plaintiffs submitted declarations from 20 of Avondale’s employees describing similar work conditions and alleged pay practices.

Conditional Certification

The plaintiffs asked the court to conditionally certify this proposed FLSA collective:

All current and former Avondale home health aides who worked at least two live-in 24-hour shifts in a workweek within six years before the filing of the complaint, excluding home health aides represented by other counsel or who had resolved their claims with Avondale.

At the first stage of FLSA collective litigation, conditional certification requires a modest factual showing that the named plaintiffs and potential opt-in plaintiffs were subject to a common policy or plan that violated the law. The court found that the plaintiffs met that standard concerning Avondale’s alleged failure to pay wages for hours worked during meal and sleep periods. The court also rejected Avondale’s request to postpone certification until after a potential motion to compel arbitration, stating that conditional certification and notice could proceed even if some potential collective members had signed arbitration agreements.

Notice and Forms

The court ruled that Avondale’s proposed notice was generally appropriate but made several changes. It removed language stating that opt-in plaintiffs might have to pay costs if they did not prevail, revised minor redundancies, and made other revisions. The court approved the revised notice as Exhibit A, approved the parties’ revised Consent to Join form, and allowed an emergency-contact section provided that the word “optional” was added. The court also approved the proposed text and WhatsApp notice as long as the complete court-approved notice was included or easily accessible when sent.

Disposition and Effect

The court’s conclusion states that the plaintiffs’ motion was GRANTED IN PART and DENIED IN PART. Conditional certification was granted, and the plaintiffs were authorized to distribute the approved notice and accompanying documents. The court did not decide whether Avondale violated the FLSA or New York Labor Law. It directed the parties to meet and confer and file a joint letter, or separate proposals if they could not agree, concerning a schedule for completing discovery by November 7, 2022.

Judge Stewart D. Aaron signed the Opinion and Order as a United States Magistrate Judge.