OPINION & ORDER Plaintiffs Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Rebecca Angulo, Terry Powell, and Nancy Shusterman (“Plaintiffs”) were remote case investigators and monitors that contact traced COVID-19 infections in New York City between 2020 and 2022. Plaintiffs filed the instant action on behalf of themselves and all others similarly situated against Defendants Adecco USA, Inc. (“Adecco”), Apex Systems, Inc (“Apex”), Equity Staffing Group, Inc. (“Equity”), and Insight Global, LLC (“Insight”) (collectively, the “Staffing Agencies”), and Optum, Inc., (“Optum”) (collectively, “WARN Defendants”). ECF No. 1, Compl. Plaintiffs bring suit on behalf of all similarly situated employees (the “WARN Class”), in their representative capacity under the federal and New York Worker Adjustment and Retraining Notification Acts (collectively the “WARN Acts”), New York Labor Law (“NYLL”) §860 et seq.; 29 U.S.C. §2101 et seq. Plaintiffs allege WARN Defendants failed to give the WARN Class notice of their termination. The federal WARN Act mandates 60 days’ notice, while the N.Y. WARN Act requires 90 days’ notice. Id. Within the WARN Class, Plaintiffs Porcino, Argulo, Powell and Shusterman bring federal and N.Y. WARN claims against Optum and the Staffing Agencies arising from the terminations between March 1 and April 29, 2022 (the “Staffing Agency Subclass”). Plaintiffs Coleman and Holmes bring federal and N.Y. WARN claims only against Optum on behalf of those terminated on or about April 29, 2022 (the “HHC Subclass”). Plaintiffs Coleman and Holmes also bring suit against New York City Health & Hospitals Corp. (“H+H”) under the New York Wage Theft Protection Act, NYLL §195(3) (“WTPA”), alleging it failed to furnish their final pay statements. Pending before the Court are Defendants’ motions to dismiss and motions to compel arbitration. ECF Nos. 50, 53, 56, 58, 61, 66. After reviewing the parties’ submissions and all other relevant materials, the Court GRANTS Defendants’ motions to compel arbitration of Plaintiffs Angulo, Porcino, Powell, and Shusterman’s claims against Defendants Adecco, Apex, ESG, and Insight, ECF Nos. 53, 58, 61, 66. As to the remaining claims, the Court GRANTS Defendant’s motion to dismiss Plaintiffs Coleman and Holmes’ federal and N.Y. WARN Act claims against Optum, ECF No. 56. The Court DENIES Defendant H+H’s motion to dismiss Plaintiffs Coleman and Holmes’ WTPA claims against H+H, ECF No. 50. BACKGROUND I. Statement of Facts The Court assumes the parties’ familiarity with the facts and procedural background of this case. Defendant H+H1 coordinated New York City’s efforts to combat COVID-19 through federally-funded testing and contact tracing, called NYC Test and Trace Corps (“T2″). Compl. at
26-28. H+H outsourced contract tracing to Defendant Optum, who operated a virtual call center. Id. at
