Davella v. Ellis Hosp. Inc.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION On June 30, 2020 Plaintiff Denise Davella (“Plaintiff Davella”) filed this putative class action against Defendant Ellis Hospital, doing business as Ellis Medicine (“Defendant”), alleging violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq., and the New York State Labor Law (“NYLL”), N.Y. Lab. Law §650 et seq. See Dkt. No. 1. After filing an amended complaint on August 11, 2020, Plaintiff Davella filed a notice of consent to join collective action on August 31, 2020, joining Plaintiff Lorraine Pizzo (“Plaintiff Pizzo”) to the action. See Dkt. Nos. 16, 19. On October 26, 2020, Plaintiffs filed a second amended complaint containing third and fourth causes of action under the NYLL for failure to pay overtime compensation and declaratory relief for Defendant’s alleged failure to provide meal periods. See Dkt. No. 25 at

96-110. On November 20, 2020, Defendant filed a motion to dismiss Plaintiffs’ third and fourth claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Dkt. No. 28. Plaintiffs filed a response in opposition to Defendant’s motion to dismiss on January 4, 2021. See Dkt. No. 31. On January 22, 2021, Defendant filed a reply to Plaintiffs’ response. See Dkt. No. 32. Presently before the Court is Defendant’s motion to dismiss. For the following reasons, Defendant’s motion is granted in part and denied in part. II. BACKGROUND Plaintiffs, nurses employed by Defendant, bring this case in response to Defendant’s timekeeping policies. See Dkt. No. 25 at