White v. Living Resources Corp.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Presently before the Court is Defendant Living Resources Corporation’s (“Defendant”) motion to dismiss Plaintiff’s amended complaint alleging a violation of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”) and violations of the New York Labor Law (“NYLL”), Dkt. No. 11 (the “Complaint”), pursuant to Rule 12 of the Federal Rules of Civil Procedure. Dkt. No. 14 (the “Motion”). For the reasons set forth below, Defendant’s Motion is granted as to Plaintiff’s FLSA claim and this action is remanded to state court. II. BACKGROUND The following facts are drawn from the Complaint unless otherwise noted, and are assumed to be true for purposes of ruling on the Motion. See Div. 1181 Amalg. Transit Union-N.Y. Emps. Pension Fund v. N.Y.C. Dep’t of Educ., 9 F.4th 91, 94 (2d Cir. 2021) (per curiam). A. The Parties Defendant is a not-for-profit corporation organized and existing under the laws of New York, with a principal place of business in Albany, New York and several other locations nearby. Dkt. No. 11 at

7, 9, 10, 30, 38. Defendant provides services to individuals with intellectual and developmental disabilities, as well as brain injury survivors. Id. at 8. Plaintiff is a resident of New York and has been an employee of Defendant at several locations since 2001. Id. at