Hypolite v. Health Care Services of New York Inc. et al
| Allison Hypolite |
| Health Care Services of New York Inc., Agnes Shemia and John Does #1-10 |
| 1:2016cv04922 |
| June 24, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| John G. Koeltl |
| Labor: Fair Standards |
| 29 U.S.C. ยง 216 (b) FLSA: Minimum wage or overtime compensation |
| Both |
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Filing
54
MEMORANDUM AND OPINION re: 25 MOTION to Certify Class filed by Allison Hypolite, 49 MOTION to Strike Document filed by Home Health Care Services of New York Inc., Agnes Shemia: The plaintiff, Allison Hypolite, on behalf of a putative class has moved this Court to grant a conditional certification and provide notice to a proposed class pursuant to § 216(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq.1 The defendants, Home Heal th Care Services of New York Inc. d/b/a HCS Healthcare ("HCS") and Agnes Shemia ("Shemia"), oppose the motion. The defendants have also moved to strike portions of the reply papers filed by the plaintiff. The plaintiff seeks condi tional certification of a class consisting of all current and former employees of the defendants (a) who are or were formerly employed by the defendants as home health aides at any time since June 24, 2010 to the entry of judgment in this case (the "Collective Action Period"); and (b) who were non-exempt employees within the meaning of the FLSA, who were not paid minimum wages and/or overtime wages at rates not less than one and one-half times their regular rate of pay for hours worked in excess of forty (40) hours per workweek. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the plaintiff's motion for conditional certification is denied in part and granted in part and the defendants' motion to strike is denied. The Clerk is directed to close all pending motions. (Signed by Judge John G. Koeltl on 6/23/2017) (jwh)
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