United States District Court, S.D. New York
KANWARPREET THIND, individually and on behalf of all others similarly situated, Plaintiff,
HEALTHFIRST MANAGEMENT SERVICES, LLC, d/b/a HEALTHFIRST Defendant.
OPINION & ORDER
LORNA G. SCHOFIELD, District Judge.
Plaintiff Kanwarpreet Thind brings suit against his former employer Defendant Healthfirst Management Services, LLC ("Healthfirst") on behalf of himself and others similarly situated alleging violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law (the "NYLL"). Healthfirst moves to dismiss the operative Amended Complaint in part. For the reasons below, the motion is granted in part and denied in part.
The following is based on allegations in the pleadings, and, as required on the present motion, the factual allegations are assumed to be true.
Plaintiff's original complaint was filed on December 3, 2014. In the original complaint, Plaintiff brought the action (1) individually, (2) on the behalf of one FLSA Collective of Healthfirst employees classified as "Managers of Sales, " and (3) on behalf of two distinct putative classes under Rule 23 - "Class A, " which, like the FLSA Collective included the "Managers of Sales, " and "Class B, " which included Healthfirst employees classified as "Facilitated Enrollers." Appended to the initial complaint was a filing titled "Consent to Join Collective Action, " signed by Plaintiff, which stated in material part,
I hereby consent to join the lawsuit entitled KANWARPREET THIND, on behalf of himself and all those similarly situated v. HEALTHFIRST, et al., at Docket No. [BLANK] brought pursuant to [FLSA and the NYLL]. By signing below, I state that I am currently or was formerly employed by the defendants at some point during the previous six years. I was required to work for the defendants in excess of forty (40) hours per week without being properly compensated for all hours worked or for overtime or spread of hours compensation in accordance with state and federal law.
According to the original complaint and the operative Amended Complaint, filed on February 20, 2015, Healthfirst "operates a healthplan organization sponsored by nationally recognized hospitals and medical centers." Healthfirst employed Plaintiff as a Facilitated Enroller from August 24, 2009 to about January 25, 2012. From January 2012 until his departure from Healthfirst in August 2014, Plaintiff's title was Manager of Sales.
The Amended Complaint is identical to the original complaint in all material respects with one important exception. Instead of a single FLSA collective, the Amended Complaint brings suit on behalf of two collectives: Collective A (like Class A) includes all current and former Healthfirst employees who worked under the title of "Manager of Sales, " and Collective B (like Class B) includes current and former Healthfirst employees who worked under the title of "Facilitated Enroller." Plaintiff did not file an additional "consent to join" notice with the Amended Complaint. (Dkt. 19).
The Amended Complaint lists six causes of action: (1) unpaid overtime under FLSA; (2) minimum wage violations under FLSA; (3) unpaid overtime under the NYLL; (4) minimum wage violations under the NYLL; (5) failure to pay wages in accordance with the agreed terms of employment under the NYLL; and (6) failure to furnish proper wage statements in violation of the NYLL.
II. LEGAL STANDARD
On a motion to dismiss on the merits under Rule 12(b)(6), courts accept as true all wellpleaded factual allegations and draw all reasonable inferences in favor of the non-moving party. See Keiler v. Harlequin Enters. Ltd., 751 F.3d 64, 68 (2d Cir. 2014). To withstand dismissal, a pleading "must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. Federal Rule of Civil Procedure 8 "requires factual allegations that are sufficient to give the defendant fair notice of what the... claim is and the grounds upon which it rests.'" Anderson News, L.L.C. v. Am. Media, Inc., 680 F.3d 162, 182 (2d Cir. 2012) (quoting Twombly, 550 U.S. at 555).
Healthfirst moves to dismiss Collective B; the minimum wage claims; and the fifth cause of action, alleging failure to pay wages. For the reasons below, the Collective B claims are not dismissed, but the minimum ...