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Agarunova v. The Stella Orton Home Care Agency Inc.

Notice to Putative Collective Action Members Denied But Limitation Period Is Tolled

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MEMORANDUM AND ORDER Plaintiff Maral Agarunova (“plaintiff” or “Agarunova”) brings this putative collective action against defendant The Stella Orton Home Care Agency, Inc. (“defendant” or “Stella Orton”), asserting claims under the Fair Labor Standards Act (the “FLSA”), 29 U.S.C. §201 et seq., and New York Labor Law (“NYLL”), for unpaid overtime owed to home health aides who were alleged to be misclassified as exempt from overtime requirements. Currently pending before this Court is plaintiff’s motion for court-supervised notice to putative collective action members, pursuant to 29 U.S.C. §216(b), and for disclosure of identifying information of potential collective action members. See Motion to Certify FLSA Collective Action (July 2, 2018), Electronic Case Filing Docket Entry (“DE”) #88. For the reasons set forth below, plaintiff’s motion is denied without prejudice.BACKGROUNDPlaintiff alleges that she worked for defendant as a home health aide from 2008 until April 2015. See Amended Complaint (Oct. 20, 2017) (“Am. Compl.”) 10, DE #411; Declaration of Maral Agarunova (July 2, 2018) (“Agarunova Decl.”) 2, DE #90-3. Throughout her employment, plaintiff worked more than forty hours per week, but was not paid an overtime premium of one-and-one-half times her regular rate of pay for those hours that exceeded forty per week. See Agarunova Decl. 4; Am. Compl.

11, 26, 27. Even after plaintiff’s employment with defendant ended in April 2015, see Am. Compl. 10, defendant continued to fail to pay its home health aides an overtime premium until October 31, 2015, see id.

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