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Dyse v. Healthall Consulting

United States District Court, D. Massachusetts

January 7, 2020

Heather DYSE, Individually and on behalf of all others similarly situated Plaintiff,
v.
HEALTHALL CONSULTING, Defendant.

Page 36

[Copyrighted Material Omitted]

Page 37

          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 Plaintiff.

          Michael L. Coyne, Coyne and Condurelli, Andover, MA, Artemis Dimitriadis, Andover, MA, for Defendant.

         MEMORANDUM AND ORDER

         Honorable Patti B. Saris, United States District Judge.

         INTRODUCTION

         Plaintiff 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.

         PROCEDURAL HISTORY

         On 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 wages.

         The 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.

         DISCUSSION

         I. Legal Standard

         There 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 ...


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