United States District Court, D. Massachusetts
Heather DYSE, Individually and on behalf of all others similarly situated Plaintiff,
HEALTHALL CONSULTING, Defendant.
[Copyrighted Material Omitted]
Alexandra K. Piazza, PRO HAC VICE, Sarah R. Schalman-Bergen,
Berger & Montague, P.C., Philadelphia, PA, David M.
Blanchard, Frances J. Hollander, PRO HAC VICE, Blanchard
& Walker, PLLC, Ann Arbor, MI, Harold L. Lichten, Olena
Savytska, Lichten & Liss-Riordan, P.C., Boston, MA, for
Michael L. Coyne, Coyne and Condurelli, Andover, MA, Artemis
Dimitriadis, Andover, MA, for Defendant.
Patti B. Saris, United States District Judge.
Heather Dyse brings this action against HealthAll Consulting,
LLC under the Fair Labor Standards Act of 1938, 29 U.S.C.
§ 201, et seq. ("FLSA") seeking
payment of unpaid overtime wages. She alleges she was
misclassified as an independent contractor. Dyse has moved to
conditionally certify a nationwide collective action under
the FLSA (Dkt. No. 28). After hearing, the Court
ALLOWS IN PART Dyse's motion
for conditional certification and issuance of a notice.
April 12, 2019, Dyse filed a collective action complaint
seeking payment of unpaid overtime wages. HealthAll moved to
dismiss the complaint for failure to state a claim upon which
relief can be granted under Federal Rule of Civil Procedure
12(b)(6), and Dyse opposed. In August 2019, Dyse moved for
Conditional Certification. HealthAll opposed. Dyse further
filed a motion for an emergency protective order requesting
that HealthAll be prohibited from distributing a contract
addendum to its consultants which required them to assure
HealthAll that they were not and would not be a part of any
lawsuit against HealthAll regarding the payment of overtime
Court held a hearing on December 6, 2019 in which it denied
HealthAll's motion to dismiss and granted Dyse's
motion for an emergency protective order.
are three basic elements to an FLSA claim: (1) the plaintiffs
were employed by the defendant; (2) the work involved
interstate activity; and (3) the plaintiffs performed work
for which they were under-compensated. Manning v. Bos.
Med. Ctr. Corp., 725 F.3d 34, 43 (1st Cir. 2013). A
claim for unpaid overtime wages must also "demonstrate
that the plaintiffs were employed `for a workweek longer than
forty hours' and that any hours worked in excess of forty
per week were not ...