Darden v. Colbea Enterprises, L.L.C.

District Court, D. Massachusetts·Decided May 7, 2024·No. 1:23-cv-11540·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) JOSHALYN DARDEN, ) individually and on behalf of others ) similarly situated, ) ) Plaintiff, ) ) No. 1:23-cv-11540-JEK v. ) ) COLBEA ENTERPRISES, L.L.C., ) and ANDREW DELLI CARPINI, ) ) Defendants. ) )

MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION FOR STEP-ONE NOTICE PURSUANT TO THE FAIR LABOR STANDARDS ACT AND MOTION TO COMPEL DISCOVERY

KOBICK, J. This is a putative collective and class action brought for nonpayment of wages to cashiers and assistant managers working at Seasons Corner Market convenience stores in Massachusetts. Plaintiff Joshalyn Darden alleges that defendants Colbea Enterprises, L.L.C. and Andrew Delli Carpini violated the Massachusetts Wage Act, M.G.L. c. 149, §§ 148, 150 and M.G.L. c. 151, § 15, by failing to pay her and other potential class members wages for time worked and by failing to issue pay stubs that accurately reflect the total number of hours worked. Darden also alleges that the defendants violated the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., by failing to pay her and other potential collective members overtime at the appropriate rate when they work over forty hours per week. Pending before the Court are Darden’s motion for conditional certification of the FLSA claim under 29 U.S.C. § 216(b) and motion to compel. Because Darden has demonstrated that the proposed FLSA collective is similarly situated at this notice stage, her motion for conditional certification will be granted and the Court will approve her proposed notice, subject to certain modifications. Darden’s motion to compel will also be granted because the interrogatories and document requests in dispute are relevant to her claims and Colbea has no sound justification for

refusing to provide full and complete discovery responses. BACKGROUND The pertinent facts, as alleged in the complaint and set forth in the parties’ evidentiary submissions, are as follows. Colbea operates a chain of convenience stores throughout Massachusetts under the name “Seasons Corner Market.” ECF 1-1, ¶¶ 3, 17. Andrew Delli Carpini is the Chief Executive Officer1 of Colbea and participates substantially in setting its financial and employment policies. See id. ¶¶ 10-11; ECF 16-3, at 8. In May 2022, Colbea hired the plaintiff, Joshalyn Darden, as a Seasons Corner Market cashier. ECF 1-1, ¶ 18. Colbea pays Darden at a rate of $20.60 per hour. Id. ¶ 20. Colbea requires all hourly employees of Seasons Corner Market, including Darden, to

record, either on paper or through a digital system, the times at which they begin and end work each day. Id. ¶ 21. Colbea then uses those recorded times to calculate the number of hours each employee works daily. See id. ¶ 22. In the process, Colbea routinely rounds down employees’ daily hours by adjusting their start times to the upcoming fifteen-minute interval and adjusting their end times to the preceding fifteen-minute interval. See id. ¶¶ 22-23. To illustrate, if an employee begins working at 2:56 p.m., Colbea adjusts the employee’s start time to 3:00 p.m., and if an employee stops working at 10:17 p.m., Colbea changes the employee’s stop time to 10:15 p.m. Id. ¶ 23.

1 In the complaint, the plaintiff identifies Carpini as a “manager” of Colbea at all relevant times. ECF 1-1, ¶ 10. The defendants, however, identify Carpini as the Chief Executive Officer of Colbea in response to the plaintiff’s first set of interrogatories. ECF 16-3, at 8 (Interrog. Resp. 21). Darden alleges that, as a result of Colbea’s time rounding practice, she and other Seasons Corner Market hourly employees are not fully compensated for the time that they actually work. Id. ¶¶ 26, 35. She also alleges that, because of this practice, when she and other Seasons Corner Market hourly employees work more than forty hours per week, Colbea routinely does not pay

them one and one-half times their regular rate of pay for overtime hours. Id. ¶¶ 34-35. When Darden complained about Colbea’s time rounding practice, she was informed that “this is simply how the system works.” Id. ¶ 30. The complaint raises five claims. Count I is a claim under the Massachusetts Wage Act, M.G.L. c. 149, §§ 148, 150, for failure to compensate Darden and similarly situated employees for time actually worked. ECF 1-1, ¶¶ 50-55. Count II asserts a claim under the FLSA, 29 U.S.C. § 207(a)(1), for failure to compensate Darden and similarly situated employees at one and one- half times their regular rate of pay for work performed in excess of forty hours in a given week. ECF 1-1, ¶¶ 56-69. Darden seeks designation as a collective action under 29 U.S.C. § 216(b) for this claim. ECF 18, ¶ 1. Count III asserts a claim under the Massachusetts Wage Act, M.G.L.

c. 151, § 15; 454 C.M.R. 27.07(2), for failure to issue pay stubs that accurately reflect the total number of hours worked. ECF 1-1, ¶¶ 70-76. Count IV asserts a breach of contract claim for Colbea’s alleged failure to pay Darden and similarly situated employees the contractual hourly wage for all of their hours worked. Id. ¶¶ 77-83. Count V similarly alleges that Colbea was unjustly enriched by failing to pay employees for work performed. Id. ¶¶ 84-86. DISCUSSION I. Darden’s Motion for Conditional Certification of the FLSA Claim. A. Certification. Darden moves for conditional certification and court-authorized notice under 29 U.S.C.

§ 216(b) of her FLSA claim on behalf of a proposed collective comprising: [a]ll individuals currently or formerly employed by Colbea Enterprises LLC as hourly employees in Massachusetts who were subject to its time rounding practice relative to tracking employees’ work time[.]

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Darden v. Colbea Enterprises, L.L.C., (D. Mass. 2024).

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