United States District Court, M.D. North Carolina
MICHELLE HOLLIS, individually and on behalf of all others similarly situated, Plaintiffs,
ALSTON PERSONAL CARE SERVICES, LLC, and TINY MICHELLE VANHOY, Defendants.
MEMORANDUM OPINION AND ORDER
OSTEEN, JR., District Judge.
before the court is the Motion to Conditionally Certify
Collective Action, Approve Notice and Expedited Consideration
filed by Plaintiff Michelle Hollis (“Plaintiff”).
(Doc. 12.) Defendants Alston Personal Care Services, LLC
(“Alston”) and Tina Vanhoy (“Vanhoy”)
(collectively, “Defendants”) have responded (Doc.
20), and Plaintiff has replied (Doc. 25). The matter is ripe
for review and, for the reasons stated herein, this court
will grant Plaintiff's motion in part.
Facts and Procedural Background
to its website, Alston “provides patients with a broad
range of medical care services in the comfort of their
homes.” (Pl.'s Mem. of Law in Supp. of Mot. to
Conditionally Certify Collection Action (“Pl.'s
Br.”), Ex B (Doc. 13-2) at 3.)Vanhoy is Alston's
“owner and managing member.” (Pl.'s
Collective/Class Action Complaint (“Compl.”)
(Doc. 1) ¶ 11.) Plaintiff worked at Alston's Forsyth
County location “from approximately June 12, 2013
through approximately October 21, 2016 as a home health care
worker who provided companionship services.”
(Id. ¶ 3.)
alleges that her “hours varied from week to week in
2015 and 2016, but she regularly worked more than 40 hours a
week, including some weeks in which she worked in excess of
62 hours.” (Id. ¶ 4.) Plaintiff alleges
that, “[d]espite her overtime work, she was not
properly compensated for all overtime hours worked in excess
of 40 hours per week for work performed from January 1, 2015
to October 21, 2016.” (Id. ¶ 5.)
brings two claims “on behalf of herself and all other
similarly situated individuals.” (Id.
¶¶ 6, 7.) Plaintiff brings her first claim under 29
U.S.C. § 207, alleging that “Defendants suffered
and permitted Plaintiff and the FLSA Collective to routinely
work more than 40 hours in a workweek without proper overtime
compensation . . . .” (Id. ¶¶ 63,
64.) Plaintiff brings her second claim under N.C. Gen Stat.
§ 95-25.4 making the same allegations. (Id.
¶¶ 69, 70.)
seeking relief, Plaintiff requests “[a]n award to
Plaintiff and those similarly situated in the amount of
unpaid overtime wages and liquidated damages.”
(Id. at 15.) Plaintiff also seeks “[a]n award
of prejudgment interest” and “[a]n award of
reasonable attorneys' fees and costs.”
(Id. at 16.)
defines the class, or collective under the Fair Labor
Standards Act (“FLSA”), to be certified as
“[a]ll current or former home health care workers
employed by Alston Personal Care Services, LLC and Tina
Michelle Vanhoy from January 1, 2015 to the present.”
(Id. ¶¶ 27, 28.)
FLSA provides that an action for unpaid overtime wages can be
brought “by any one or more employees for and in behalf
of himself or themselves and other employees similarly
situated, ” but that “[n]o employee shall be a
party plaintiff to any such action unless he gives his
consent in writing to become such a party and such consent is
filed in the court in which such action is brought.” 29
U.S.C. § 216(b); see Sheffield v. BB&T
Corp., No. 7:16-CV-332-BO, 2017 WL 1831091, at *1 (E.D.
N.C. May 4, 2017); Rosinbaum v. Flowers Foods, Inc.,
No. 7:16-CV-233-FL, 2017 WL 818323, at *3 (E.D. N.C. Mar. 1,
employ a two-stage certification procedure for FLSA
collective actions.” Solais v. Vesuvio's II
Pizza & Grill, Inc., 1:15CV227, 2016 ...