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Holmes v. Charleston Retirement Investors, LLC

United States District Court, D. South Carolina, Charleston Division

February 25, 2014

Sharon D. Holmes, On Behalf of Herself and Others Similarly Situated, Plaintiff,
v.
Charleston Retirement Investors, LLC, and Century Park Associates, LLC, Defendants

Page 654

For Sharon D Holmes, Vanessa White, Prencess Simmons. Plaintiffs: Marybeth E Mullaney, LEAD ATTORNEY, Mullaney Law, Mount Pleasant, SC; William Clark Tucker, LEAD ATTORNEY, Tucker Law Firm, Charlottesville, VA.

For Angel Adams, Corinne Russell, Bridget Nelson, Debbie Hanton, Elizabeth Santos, Jonita Sheppard, Tiffany Williams, Kizzy Talley, Rebecca Grasso, Belinda Johnson, Erica Geddis, Shelby Jefferson, Lanisha Howard, Linda Williams, Thelma Mack, Porsha Cobbs, Kawanda Brown, Plaintiffs: Marybeth E Mullaney, LEAD ATTORNEY, Mullaney Law, Mount Pleasant, SC.

For Century Park Associates LLC, Defendant: Brian Edward Johnson, Molly Agnes Hood Craig, LEAD ATTORNEYS, Elloree A Ganes, William Marshall O'Neil, Hood Law Firm, Charleston, SC; Brandon V Dhande, Lisa A Schreter, PRO HAC VICE, Littler Mendelson, Atlanta, GA; Jerry H Walters, Jr, PRO HAC VICE, Littler Mendelson, Charlotte, NC.

For Charleston Retirement Investors LLC, Defendant: Molly Agnes Hood Craig, LEAD ATTORNEYS, Elloree A Ganes, Hood Law Firm, Charleston, SC; Jerry H Walters, Jr, PRO HAC VICE, Littler Mendelson, Charlotte, NC; Lisa A Schreter, PRO HAC VICE, Littler Mendelson, Atlanta, GA.

Page 655

ORDER

PATRICK MICHAEL DUFFY, United States District Judge.

This matter is before the Court upon Plaintiff Sharon D. Holmes's motion for conditional class certification (" Motion" ). Plaintiff Holmes seeks conditional certification of a putative class pursuant to the collective action provision of the Fair Labor Standards Act (" FLSA" ), 29 U.S.C. § 216(b). For the reasons that follow, the Court grants Plaintiff Holmes's Motion.

BACKGROUND

Defendants Charleston Retirement Investors, LLC, and Century Park Associates, LLC (collectively " Defendants" ) own and operate The Bridge at Charleston (" The Bridge" ), a senior assisted living and

Page 656

rehabilitation facility in North Charleston, South Carolina. Plaintiff Sharon Holmes (" Holmes" ) worked as a care aide[1] for Defendants from approximately April 2005 until January 2013. On June 22, 2013, Holmes filed this action on behalf of herself and all others similarly situated, alleging that Defendants violated the FLSA by failing to pay overtime compensation for non-exempt employees who worked more than forty hours in a work week. Specifically, Holmes alleges that Defendants automatically deducted thirty minutes from her time sheet for a meal break, even though Holmes rarely had an uninterrupted meal break because she was required to respond to residents' calls during her meal break. In her third amended complaint, filed on December 9, 2013, Holmes added Opt-in Plaintiffs Vanessa White and Prencess S. Simmons as well as a claim that Defendants failed to include the employees' work as a sitter--a position that required the employee to provide care to only one resident for the entire shift--in the calculation of total number of hours worked. According to Holmes, as a result of these two policies or practices, employees regularly worked in excess of forty hours per week without receiving overtime compensation.

Holmes filed the instant Motion on November 21, 2013, seeking conditional class certification. Defendants filed a response in opposition to the motion for conditional certification on January 13, 2014, and Holmes ...


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