United States District Court, W.D. Louisiana, Lafayette Division
RULING AND ORDER
B. WHITEHURST UNITED STATES MAGISTRATE JUDGE.
the Court is plaintiff, Mathilda Solomon's, “Motion
for Conditional Certification as a Collective Action and
Notice to Potential Class Members, ” [Doc. 8], in which
the plaintiff moves to conditionally certify the FLSA
collective action filed by her against defendants, Serenity
Square LLC and Gwendolyn Caillier, the owner and operator of
Serenity (collectively, “Serenity”). The motion
is opposed by the defendants [Doc. 8]. For the following
reasons, plaintiff's Motion for Conditional Certification
provides in-home care for elderly, infirm, and disabled
people through Direct Care Workers (“DCWs”). DCWs
work in the client's home to assist with personal care
activities, housekeeping activities, feeding, cooking,
monitoring of the client, and other activities. Generally,
DCWs work alone in a client's home. In March 2018, the
plaintiff, a resident of the City of Scott, Louisiana, was
hired by Serenity as a DCW. Solomon worked for Serenity for
less than two months. Her employment ended following an
alleged work-related back injury for which she has filed a
claim with the Louisiana Office of Worker's Compensation.
That claim remains in litigation.
two months that she worked for Serenity, the plaintiff claims
she was not paid time and a half for hours worked in excess
of forty hours in a work week. On August 8, 2018, Solomon
filed the instant lawsuit alleging Serenity failed to pay her
overtime compensation in violation of the Fair Labor
Standards Act. In addition to her individual claims,
Solomon's complaint also alleges Serenity failed to pay
other “similarly situated” employees overtime
compensation. Solomon filed her consent to become a party
with her Complaint and joined the proposed collective action
on that date. To date, more than eight months after the
filing of the Complaint, no other individual has a filed a
consent to join the putative class. Defendants filed an
answer to the Complaint on October 29, 2018, denying the
plaintiff's allegations and raising numerous defenses to
her individual and collective claims.
November 8, 2018, Solomon filed the instant motion, seeking
an order conditionally certifying a putative collective class
all individuals who
(1) Worked for Defendants at any time during the past three
(2) Worked as a home health care worker (“direct
support worker”) on behalf of Defendants and were paid
straight time for all hours worked.
defined the potential collective class to include “all
home health care aides who worked for Defendants from August
9, 2018 to August 9, 2015, and was subject to each of the
wage and hour violations alleged herein.” The motion also
seeks approval of a proposed notice and permission to
disseminate that notice to the putative collective class
using contact information to be provided by Defendants.
instant motion, the plaintiff moves to conditionally certify
a collective action under 29 U.S.C. §207 of the FLSA.
Plaintiff contends that she regularly worked more than forty
hours per week, and that despite working these hours, she was
paid her regular hourly rate for all hours worked throughout
her employment. The plaintiff alleges that she is
“aware” that defendants paid all other direct
support workers at their regular hourly rate for all hours
worked, including hours worked in excess of forty hours per
Applicable Legal Standard
Fair Labor Standards Act (“FLSA”) requires
covered employers to pay non-exempt employees for hours they
have worked in excess of the defined maximum hours. 29 U.S.C.
§207(a). Section 216(b) creates a cause of action for
employees against employers violating the ...