United States District Court, D. New Jersey
LISA MATSON, on behalf of herself and those similarly situated, Plaintiff,
SCO, SILVER CARE OPERATIONS, LLC d/b/a/ ALARIS HEALTH AT CHERRY HILL, SOUTH CENTER STREET NURSING LLC d/b/a ALARIS HEALTH AT ST. MARY'S, and AVERY EISENREICH, Defendants.
ARI HOROWITZ, MATTHEW D. MILLER, SWARTZ SWIDLER LLC, On
behalf of Plaintiff
WEINBERGER, GOLDBERG & WEINBERGER LLP, On behalf of
L. HILLMAN, U.S.D.J.
a Fair Labor Standards Act (FLSA) and New Jersey Wage and
Hour Law (NJWHL) matter. Plaintiff argues she, and those
similarly situated, were not paid proper overtime
compensation in violation of the FLSA and NJWHL. Before the
Court is Defendants' July 5, 2017 Motion to Dismiss. For
the reasons that follow, the Court will deny Defendants'
Motion to Dismiss.
Court takes its facts from Plaintiff's June 7, 2017
Amended Complaint. Plaintiff was employed by Defendants as a
Registered Respiratory Therapist from October 2013 to
December 7, 2016. Plaintiff earned $33 per hour as a
Registered Respiratory Therapist.
Avery Eisenreich owns SCO, Silver Care Operations, LLC d/b/a
Alaris Health at Cherry Hill (“Cherry Hill”) and
South Center Street Nursing LLC d/b/a Alaris Health at St.
Mary's (“St. Mary's”), as well as other
Alaris facilities. The payrolls for employees at Cherry Hill,
St. Mary's, and other Alaris facilities are processed
centrally by Defendants' payroll administrator Joanne
April 2015, Plaintiff worked exclusively at the Cherry Hill
location. In April 2015, Plaintiff also began working at the
St. Mary's location. After that point, during at least
nine two-week pay periods, Plaintiff worked at both the
Cherry and St. Mary's locations during the same
workweeks. This resulted in Plaintiff typically working over
forty total hours per workweek. According to Plaintiff, these
hours were not aggregated for the purpose of paying Plaintiff
argues Defendants failed to aggregate the total hours worked
by Plaintiff at Defendants' facilities for the purpose of
paying overtime when she worked at more than one of the
facilities. Plaintiff alleges Defendants consequently failed
to pay at least one and a half times her regular rates for
all hours worked in excess of forty hours a week during the
weeks she worked at multiple locations.
Amended Complaint asserts three counts: (1) violations of the
FLSA, (2) violations of the NJWHL, and (3) civil
conspiracy. Defendants filed their Motion to Dismiss
on July 5, 2017.
Court has federal question jurisdiction pursuant to 28 U.S.C.
§ 1331, as Plaintiff brings this action to remedy
alleged violations of the FLSA, 29 U.S.C. § 201, et seq.
This Court exercises supplemental jurisdiction over
Plaintiff's remaining state law wage claim pursuant to 28
U.S.C. § 1367.
considering a motion to dismiss a complaint for failure to
state a claim upon which relief can be granted pursuant to
Federal Rule of Civil Procedure 12(b)(6), a court must accept
all well-pleaded allegations in the complaint as true and
view them in the light most favorable to the plaintiff.
Evancho v. Fisher, 423 F.3d 347, 351 (3d Cir. 2005).
It is well settled that a pleading is sufficient if it