Jossette Stewart v. Love Tender Care Home Care LLC et al

CourtDistrict Court, D. Connecticut
DecidedMarch 11, 2026
Docket3:25-cv-00289
StatusUnknown

This text of Jossette Stewart v. Love Tender Care Home Care LLC et al (Jossette Stewart v. Love Tender Care Home Care LLC et al) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jossette Stewart v. Love Tender Care Home Care LLC et al, (D. Conn. 2026).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

JOSSETTE STEWART, Plaintiff, v. No. 3:25-cv-00289-MPS

LOVE TENDER CARE HOME CARE LLC et al, Defendants. RULING ON MOTION FOR DEFAULT JUDGMENT Plaintiff Jossette Stewart (“Stewart”) brings this action against Love Tender Care Home Care LLC and any related entities (“Love Tender”) and Nicole P. Richardson (“Richardson,” and collectively with Love Tender, the “Defendants’”) for violations of the Fair Labor Standards Act and the Connecticut Minimum Wage Act. Stewart now moves for default judgment seeking to collect unpaid regular and overtime wages, liquidated damages, prejudgment interest, and attorneys’ fees and costs. ECF No. 18-8 at 29. For the reasons set forth below, the motion is granted.

1. BACKGROUND A. Factual Background The following facts, which I accept as true as a result of the entry of default, are taken from Stewart’s complaint. ECF No. 1. I set forth only those facts necessary to decide the motion. Stewart worked as a home health aide for Defendants from approximately April 2024 to May 2024. Id. 4 35. Stewart provided services to Defendants’ ailing and elderly clients, including personal care services, such as assistance with dressing, bathing and personal grooming, cooking, feeding and serving food, changing diapers and toileting, cleaning, and escorting clients to doctors’ appointments. Id. ¥ 39.

Stewart was interviewed by and hired directly by Richardson, who set Stewart’s rate of pay and schedule. Id. ¶¶ 36–38. Defendants informed Stewart that she would be paid between $15.00 to $20.00 per hour for her work. Id. ¶ 42. Stewart worked approximately 32 shifts for Defendants. Id. ¶ 44. However, in the entire time that she worked for Defendants, they paid her only $400 in

cash. Id. ¶¶ 45–46. While employed by Defendants, Stewart typically worked five to seven 12-hour shifts per week from approximately 9:00 a.m. until 9:00 p.m. Id. ¶ 40. However, she often had to work later than 9:00 p.m., until approximately 10:00 p.m. to 11:00 p.m., to wait for another home health aide to arrive. Id. Stewart also worked 24-hour “live-in” shifts for Defendants on approximately five to six occasions. Id. ¶ 41. When Stewart worked the 24-hour “live-in” shifts for Defendants, her schedule was set and dictated by Defendants. Id. ¶ 49. During these shifts, Stewart was required to stay overnight at the residences of Defendants’ clients and needed to be ready and available to assist Defendants’ clients at all times; Defendants generally did not permit Stewart to leave the premises. Id. ¶¶ 50–

52. Because Defendants’ clients were often elderly and suffering from various health ailments, they required constant care. Id. ¶ 57. Stewart did not receive regularly scheduled work-free uninterrupted periods to sleep or for meal breaks and was forced to eat her meals while feeding Defendants’ clients or attempt to eat between her duties, because Defendants’ clients needed feeding assistance during traditional mealtimes and constant supervision. Id. ¶¶ 57–59. Defendants also failed to ensure that Stewart was provided with adequate sleeping accommodations when she worked 24-hour shifts. Id. ¶ 61. Stewart maintained her own residence and did not “live” in the homes of Defendants’ clients or in the home of her employer, nor was she an “exempt companion” of the Defendants’ clients. Id. ¶ 53. Defendants failed to establish, maintain and preserve contemporaneous, true and accurate records that reflect: (1) all hours worked by Stewart on a daily and weekly basis; (2) the times of all regularly scheduled work-free uninterrupted periods that Stewart was able to sleep and eat during her 24-hour shifts; and (3) records of appropriate sleeping facilities provided to Stewart when she worked 24-hour shifts. /d. § 56. B. Procedural Background On February 27, 2025, Stewart filed the complaint in this action. ECF No. 1. The complaint asserts causes of action for unpaid overtime and unpaid minimum wages under the Fair Labor Standards Act (“FLSA”) and unpaid overtime, unpaid wages, and unpaid minimum wages under the Connecticut Minimum Wage Act (““CMWA”). /d. at 12-17. Stewart’s complaint seeks unpaid wages; unpaid minimum wages; unpaid overtime wages; liquidated damages; interest; and attorneys’ fees and costs. /d. at 18-19. Stewart served Defendants with copies of the complaint and summons and filed proof of service on the docket. ECF No. 10. Defendants failed to appear or respond to the complaint, and Stewart moved for entry of default, ECF No. 16, which the Clerk granted and entered. ECF No. 17. Stewart then filed the present motion for default judgment, ECF No. 18, which seeks regular wages owed under the CMWA; liquidated damages under the CMWA for unpaid regular wages; overtime compensation; liquidated damages under the CMWA for unpaid overtime compensation; prejudgment interest under the CMWA at 12% per year; and reasonable attorneys’ fees and costs. ECF No. 18-8 at 29.1

' Stewart filed her complaint on behalf of herself and all similarly situated employees as a FLSA Collective Action and Class Action. ECF No. | at 1. She filed the motion for default judgment on behalf of only herself. ECF No. 18-8 at 8 (“This motion for default judgment is respectfully submitted on behalf of

II. LEGAL STANDARD Upon entry of a default, the court accepts as true all of the factual allegations of the complaint, except those relating to damages. Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992). But although “a default constitutes an admission of all

the facts ‘well pleaded’ in the complaint, it does not admit any conclusions of law alleged therein, nor establish the legal sufficiency of any cause of action.” In re Indus. Diamonds Antitrust Litig., 119 F. Supp. 2d 418, 420 (S.D.N.Y. 2000). It, therefore, “remains for the court to consider whether the unchallenged facts constitute a legitimate cause of action.” Id.; Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 187 (2d Cir. 2015) (“[T]he court may, on plaintiffs’ motion, enter a default judgment if liability is established as a matter of law when the factual allegations of the complaint are taken as true.”).

Plaintiff Jossette Stewart”). Where a plaintiff’s complaint asserts both individual and class claims, but no class or collective action has been certified, and the motion for default judgment asserts only individual claims, courts consider the collective/class claims waived and decide the motion for default judgment only as to the individual plaintiff. See Singh v. Meadow Hill Mobile Inc., 2021 WL 4312673, at *1 n.1 (S.D.N.Y. Aug. 9, 2021), report and recommendation adopted, 2021 WL 3862665 (S.D.N.Y. Aug. 29, 2021) (“The Complaint includes collective action and class action allegations, but counsel neither sought certification of this matter as a collective action, nor provided evidence in support of damages claims for anyone other than the named plaintiffs. Thus, the Court deems any collective or class action claims to have been waived.”); see also Galicia v. 63-68 Diner Corp., 2015 WL 1469279, at *1 (E.D.N.Y. Mar. 30, 2015) (“Plaintiff originally sought designation of this action as a collective action pursuant to 29 U.S.C. § 216(b).

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Jossette Stewart v. Love Tender Care Home Care LLC et al, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jossette-stewart-v-love-tender-care-home-care-llc-et-al-ctd-2026.