Cavallaro v. Umass Memorial Health Care, Inc.
971 F. Supp. 2d 139
D. Mass.2013Background
- Cavallaro alleges FLSA violations for uncompensated time worked during meal breaks and pre/post-shift work, on behalf of ~13,000 similarly situated employees.
- Plaintiff worked as an hourly RN at UMass Memorial Medical Center from 2002 to 2008 and received pay from UMMMC.
- Defendants include seven related hospitals/healthcare entities and two executives; complaint portrays them as a centralized, integrated system with shared policies.
- Plaintiff asserts a joint-employer relationship among defendants, seeking to hold all integrated entities liable for FLSA violations.
- Court granted partial dismissal: only UMMMC and potentially UMMHC plausibly employed Cavallaro; other corporate defendants dismissed for lack of standing.
- Individual officers O’Brien and Webb were dismissed as defendants due to failure to identify which entity employed them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Cavallaro have standing to sue non-UMMMC defendants? | Defendants form a joint enterprise; joint-employer liability supports standing. | No employer-employee relationship with those defendants; standing fails. | Standing limited to UMMMC; other defendants dismissed. |
| Are corporate defendants other than UMMMC employers under the FLSA? | Baystate factors show economic dependence on a single enterprise; joint liability. | Baystate factors do not support liability for non-UMMMC entities. | Five defendants dismissed; only UMMMC plausibly an employer. |
| Can individual corporate officers be personally liable under the FLSA? | Officers could be employers if they caused under-compensation. | Employer status not established; individuals not properly identified as employing Cavallaro. | Claims against O’Brien and Webb dismissed. |
| Should the collective action allegations be dismissed at this stage? | Collective action should be considered later; premature to dismiss. | Putative class is too broad and not similarly situated. | Denied as to UMMMC-employing members; dismissed for non-UMMMC members. |
Key Cases Cited
- Baystate Alt. Staffing, Inc. v. Herman, 163 F.3d 668 (1st Cir. 1998) (four-factor test to determine employment relationship under the FLSA)
- Chao v. Hotel Oasis, Inc., 493 F.3d 26 (1st Cir. 2007) (economic reality test for employer under the FLSA)
- Donovan v. Agnew, 712 F.2d 1509 (1st Cir. 1983) (personal liability of corporate officers under the FLSA)
- Clinton's Ditch Cooperative Co. v. NLRB, 778 F.2d 132 (2d Cir. 1985) (distinguishes single-enterprise vs. joint-employer concepts)
- United States v. Rosenwasser, 323 U.S. 360 (Supreme Court 1945) (broad FLSA coverage for employees)