Severino v. Avondale Care Grp. LLC

OPINION AND ORDER Plaintiffs Keila Severino (“Severino”), Khady Gueye (“Gueye”) and Delsa Jimenez (“Jimenez”) (collectively, “Plaintiffs”) bring this action individually, and on behalf of all others similarly situated, against Defendant Avondale Care Group, LLC (“Defendant” or “Avondale”), pursuant to the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Plaintiffs allege, among other things, that Plaintiffs were not compensated in accordance with the FLSA or the NYLL because they were not paid for all hours in a 24-hour shift and they were not paid overtime wages for all hours worked in excess of forty (40) hours a week. (See First Am. Compl. (“FAC”), ECF No. 78, 48.) Presently before the Court is Plaintiffs’ motion to conditionally certify a FLSA collective and to permit court-supervised notification to putative collective members. (See Pls.’ 8/10/22 Not. of Mot., ECF No. 106.) For the reasons set forth below, Plaintiffs’ motion is GRANTED IN PART and DENIED IN PART. BACKGROUND Plaintiffs make the following allegations:¹ Avondale is a licensed home care services agency, authorized and credentialed by the New York Department of Health to operate and provide home care services to elderly, ill and disabled individuals in New York City and Westchester County. (FAC

20-21.) To care for its patients, Avondale has employed thousands of home health aides (“HHAs”). (Yau Decl., ECF No. 108, 5.) HHAs performed the same job duties, which included assisting patients with activities of daily living, such as bathing, going to the bathroom, dressing and household chores, and accompanying the patients to doctors’ appointments. (See, e.g., Severino Decl., ECF No. 109,