Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Villar v. AHRC Home Care Servs. Inc.

Wage and Hour Class and Collective Action Settlement Does Not Comply With the FLSA

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Plaintiff Francisco Villar and Defendants AHRC Home Care Services Inc. and NYSARC, Inc. ask the court for preliminary approval of the Settlement Agreement (ECF 48) in this wage and hour class and collective action. (ECF 43). Plaintiff brings Fair Labor Standard Act (“FLSA”) and New York Labor Law (“NYLL”) claims. For the reasons set forth below, the preliminary approval of the Settlement Agreement is DENIED. I. Background A. Facts The following facts are taken from the Complaint. (ECF 1). Plaintiff was allegedly employed by Defendants as a residential habilitation counselor from approximately March 10, 2017 to December 3, 2017. Compl. 23. Plaintiff was paid hourly at $11/hour and then $13/hour. Compl. 26. Plaintiff alleged that he regularly worked over 40 hours a week and was only compensated for the time spent with each client and not any time spent traveling between clients or the office. Compl. 24. Plaintiff logged his time spent with clients on attendance sheets, but Defendants had no policy for tracking Plaintiff’s travel time, which is allegedly “compensable under both the FLSA and NYLL.” Compl. 25. “Based on Plaintiff’s observations and conversations with other employees, FLSA Collective Plaintiffs and Class members had similar work schedules and received similar hourly rates.” Compl. 27. Plaintiff alleges that Defendants’ overtime violations were willful. Compl.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Labor & Employment Attorney - New York, NY

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
MATRIMONIAL ASSOCIATE ATTORNEY - NEW YORK

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›
Go to Lawjobs