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Pettenato v. Beacon Health Options, Inc.

United States District Court for the Southern District of New York

October 25, 2019, Decided; October 25, 2019, Filed

19-CV-1646 (JPO) (BCM)



BARBARA MOSES, United States Magistrate Judge.

Jocelyn Pettenato, Jill Law, Anitra Stewart, and sixteen opt-in plaintiffs, all of whom work or worked [*2]  for defendants Beacon Health Options, Inc. (Options), Beacon Health Strategies LLC (Strategies), and/or ValueOptions Federal Services, Inc. (ValueOptions) (together, Beacon Health) as care management employees, bring this action under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., New York Labor Law (NYLL) §§ 190 et seq. and 650 et seq., and the Colorado Minimum Wage Act (CMWA), C.R.S. § 8-6-101 et seq., on behalf of themselves and other similarly situated persons, alleging that Beacon Health misclassified them as exempt employees and failed to pay them overtime compensation in violation of provisions of the FLSA, NYLL, and CMWA. See Am. Compl. (Dkt. No. 44) ¶¶ 131-162.

Now before the Court is plaintiffs' motion (Dkt. No. 37) for conditional certification of their FLSA claims as a nationwide collective action, pursuant to 29 U.S.C. § 216(b), on behalf of "[a]ll individuals employed by Defendant[s] as Care Management Employees in the last three years and who were paid a salary and no overtime pay (including for hours worked in excess of forty (40) hours a week)." Pl. Mem. (Dkt. No. 38) at 7. Plaintiffs also seek approval of a proposed Notice of Lawsuit, Pl. Mem. Ex. O, to send to those individuals. Plaintiffs' motion is "within the scope of my authority under [*3]  28 U.S.C. § 636(b)(1)(A)." Sanchez v. Salsa Con Fuego, Inc., 2016 U.S. Dist. LEXIS 118315, 2016 WL 4533574, at *1 (S.D.N.Y. Aug. 24, 2016) (Moses, M.J.) (quoting Nahar v. Dozen Bagels Co. Inc., 2015 U.S. Dist. LEXIS 143839, 2015 WL 6207076, at *1 (S.D.N.Y. Oct. 20, 2015)).

For the reasons that follow, the Court will grant the motion with respect to all individuals employed by Beacon Health as Care Management Employees (as that term is defined in plaintiffs' motion papers) who (a) resided or worked for defendants in New York State; (b) worked over 40 hours in one or more individual workweeks in the three years preceding June 21, 2019 (the date plaintiffs filed their conditional certification motion); (c) were paid a salary and no overtime pay; and (d) were classified as exempt by defendants for purposes of the FLSA.

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2019 U.S. Dist. LEXIS 187691 *; 2019 WL 5587335

JOCELYN PETTENATO, and all others similarly situated, et al., Plaintiffs, -against- BEACON HEALTH OPTIONS, INC., et al., Defendants.


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