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Vaughn v. Phoenix House Found. Inc.

Drug Patient Was 'Primary Beneficiary' of Phoenix House Program, Not 'Employee' Under FLSA

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OPINION & ORDER Plaintiff Mark Vaughn brings this action against Defendants Phoenix House Foundation, Inc. and Phoenix Houses of New York, Inc. (collectively, “Phoenix House”) for alleged violations of, inter alia, the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). This Court previously dismissed Vaughn’s Amended Complaint and Second Amended Complaint for failure to state a claim. On appeal, the Second Circuit affirmed in part and vacated in part, remanding Vaughn’s FLSA claims, as well as state and city law claims, for reconsideration in light of Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528 (2d Cir. 2016). Before the Court is Phoenix House’s motion to dismiss the Third Amended Complaint (“TAC”). For the reasons that follow, the motion to dismiss is granted.BACKGROUNDI. Factual Background1In July of 2009, Vaughn agreed to participate in an in-patient substance abuse rehabilitation program “in lieu of facing criminal charges.” TAC

1, 9. Vaughn had a history of substance abuse, which began when he was 12 years old, and he “hoped that his time at Phoenix House would provide him with the therapy he needed to lead a drug-free life and allow him to be a good parent to his young daughter.” Id. at 22. Vaughn was placed in a treatment facility operated by Phoenix House, and he initially spent approximately 15 months in Phoenix House’s in-patient program. Id. at

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