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Villar v. AHRC Home Care Servs. Inc.

FLSA Action's Settlement Not 'Fair and Reasonable', Is Denied Preliminary Approval

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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.

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