Williams v. The Bethel Springvale Nursing Home, Inc.
Nicola Williams |
The Bethel Springvale Nursing Home, Inc. |
7:2014cv09383 |
November 25, 2014 |
US District Court for the Southern District of New York |
White Plains Office |
New York |
Nelson Stephen Roman |
Labor: Fair Standards |
29 U.S.C. ยง 206 FLSA: Minimum Wage |
Plaintiff |
Available Case Documents
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Filing 119 OPINION & ORDER: Based on the foregoing findings of fact and conclusions of law, the Court finds that Plaintiff has proven, by a preponderance of evidence, that Defendant violated the Fair Labor Standards Act by failing to properly compensate her for her overtime work. For these violations, Plaintiff is entitled to compensatory and liquidated damages. Plaintiff is directed to provide Defendant an updated damages calculation, accounting for this Court's above findings, on or before July 25, 2018. In preparing such calculations, Plaintiff should bear in mind the following: (1) Plaintiff is entitled to an inference that she worked, on average, through half of her meal breaks; (2) Plaintiff is entitled to an inference that she work ed an additional thirty minutes off-the-clock only on days she clocked out on the first floor; (3) as Plaintiff's only remaining overtime claims are pursuant to FLSA, she is only entitled to recover wages for hours worked in excess of forty pe r week, see Lundy v. Catholic Health Sys. of Long Island Inc., 711 F.3d 106, 116 (2d Cir. 2013) (noting that"[s]o long as an employee is being paid the minimum wage or more, FLSA does not provide recourse for unpaid hours below the 40-hour t hreshold, even if the employee also works overtime hours the same week"); and(4) Plaintiff's calculations should account for overtime work for which she did receive adequate compensation. Defendant shall provide Plaintiff any objections t o the proposed damages calculation, explaining clearly and with specificity the basis for any disagreement, on or before August 15, 2018. Finally, the parties are directed to submit a joint damages calculation to this Court no later than August 22, 2018. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/9/2018) (rj) |
Filing 102 OPINION & ORDER: re: 85 MOTION in Limine, filed by The Bethel Springvale Nursing Home, Inc. For the foregoing reasons, the Defendant's motion in Ii mine is granted in part and denied in part. The Clerk of Court is respectfully directed to terminate the motion at ECFNo. 85, and as further set forth in this order. (Signed by Judge Nelson Stephen Roman on 4/5/2018) (ap) |
Filing 74 OPINION & ORDER re: 51 MOTION for Summary Judgment and Decertification. filed by The Bethel Springvale Nursing Home, Inc. For the foregoing reasons, Defendant's motion seeking summary judgment in its favor is DENIED as to the o vertime and missed meal break claims and GRANTED as to the minimum wage claims. Defendant's motion to decertify the FLSA opt-in class is DENIED. The Clerk of the Court is respectfully directed to terminate the motions at ECF No. 51. The parties are directed to appear for a pre-trial status conference on October 5, 2017 at 10:00 a.m. ( Pretrial Conference set for 10/5/2017 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 9/12/2017) (rj) |
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Plaintiff: Nicola Williams | |
Represented By: | Michael John Borrelli |
Represented By: | Alexander Todd Coleman |
Represented By: | Alexander Gastman |
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Defendant: The Bethel Springvale Nursing Home, Inc. | |
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