Case: Wage & Hour/Overtime (S.D.N.Y.)

A federal district court in New York denied Avondale Care Group, LLC’s motion to dismiss a live-in home health aide’s claims for failure to pay overtime premiums, sufficient minimum wage or spread-of-hours pay under the New York Labor Law and unpaid overtime under the Fair Labor Standards Act. She plausibly alleged that she worked 40 hours in a given workweek, along with uncompensated time in excess of 40 hours, the court said, allowing her to proceed with her unpaid overtime claims. Additionally, she pleaded that she was paid $13 per hour despite working for 24 hours without any spread-of-hours payments, ...