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Williams v. Bethel Springvale Nursing Home Inc.

Bulk of Nursing Home's Motion in Limine in FLSA Action Denied; Supervisor Cannot Testify

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Opinion & Order

*1  Plaintiff Nicola Williams and one remaining opt-in collective action Plaintiff, John T. Vecchio, bring this action against their former employer, The Bethel Springvale Nursing Home (“Bethel”), alleging violations of the Fair Labor and Standards Act (“FLSA”), 29 U.S.C. §207(a)(1), in the form of unpaid overtime wages. Presently before the court is Defendant Bethel’s motion in limine to preclude Plaintiffs from presenting certain evidence at trial. (ECF No. 85.) For the reasons set forth below, Defendant’s motion is GRANTED in part and DENIED in part.BACKGROUNDThe Court assumes the parties’ familiarity with the factual background of present action, as outlined in Williams v. Bethel Springvale Nursing Home, No. 14-CV-9383 (NSR), 2017 WL 4046338, at *1 (S.D.N.Y. Sept. 12, 2017). To briefly summarize, this case centers around former employees of Defendant Bethel — a 200 bed not-for-profit skilled nursing facility dedicated to the care of the elderly — who claim that they regularly worked in excess of 40 hours per week without overtime pay, in violation of the FLSA. Id. Specifically, Plaintiffs contend that, in accordance with Bethel’s employment policies, nurses were required to obtain signed overtime approval forms prior to the end of a given pay period if they sought payment for any

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