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Bernarez v. Alternate Staffing Inc.

Court Certifies Class of Home Health Aides Who Allege They Were Inadequately Paid

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The following e-filed documents, listed by NYSCEF document number (Motion 005) 114-143 were read on this motion to/for  CLASS CERTIFICATION.   This is a putative class action brought on behalf of home health aides and personal care assistants who currently are or were formerly employed by defendant Alternate Staffing, Inc. in New York State, seeking, inter alia, unpaid wages. Plaintiffs Lesly Mejia Bernardez (Bernardez)1 Ingrid Garcia (Garcia), and Jorge Gonzalez (Gonzalez)2 move, pursuant to CPLR 901 and CPLR 902, for an order: (1) certifying this action as a class action; (2) designating Virginia & Ambinder, LLP and Catholic Migration Services as class counsel; and (3) approving for publication plaintiffs’ proposed notice of class action lawsuit and publication. BACKGROUND Defendant provides nursing and home health services at the residences of its clients (NYSCEF Doc No. 137, amended complaint,

6, 15). Plaintiffs allege that Bernardez was employed by defendant as a home health aide from approximately April 2011 through January 5, 2015 (id., 16). According to plaintiffs, Garcia was employed by defendant as a home health aide from approximately 2009 through November 30, 2011 (id., 17). Gonzalez was allegedly employed by defendant as a home health aide from February 2008 through November 2012 (id., 18). Plaintiffs allege that they typically performed 8-hour, 12-hour, and 24-hour shifts (NYSCEF Doc No. 116, Gonzalez aff, 8; NYSCEF Doc No. 117, Bernardez aff, 8; NYSCEF Doc No. 118, Medina aff, 8; NYSCEF Doc No. 119, Arriola aff, 8; NYSCEF Doc No. 120, Garcia aff, 8). Plaintiffs further allege that, when they worked overnight and 24-hour shifts, they maintained their own residences and did not live in the homes of defendant’s clients (id.,

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