Representation of Home Care Agency in Wage and Hour Case

Representation of a home care agency in a wage-and-hour lawsuit in federal court. The plaintiff was a live-in patient care associate, who provided 24-hour live in services to her assigned client. Although the company mandated breaks for sleeping and meals, the plaintiff claimed that she regularly worked through those breaks, that the company knew that, and that she was owed overtime as a result. The plaintiff wanted to bring the case on behalf of other individuals, too, and sought to make it a collective action for FLSA claims and a class action for related state law claims. The Court denied the motion for conditional certification, finding that after discovery the plaintiff had failed to establish an evidentiary basis for the collective action.