Kolonziaa v. Allied Community Resources, Inc.

CourtDistrict Court, D. Connecticut
DecidedMarch 31, 2025
Docket3:24-cv-00230
StatusUnknown

This text of Kolonziaa v. Allied Community Resources, Inc. (Kolonziaa v. Allied Community Resources, Inc.) 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
Kolonziaa v. Allied Community Resources, Inc., (D. Conn. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ISAAC KOLONZIAA, et al., Plaintiffs, No. 3:24-cv-230 (SRU)

v.

ALLIED COMMUNITY RESOURCES, INC., et al., Defendants.

RULING ON MOTION FOR SUMMARY JUDGMENT

Connecticut’s Medicaid Waiver Program provides at-home assistance for elderly and infirm people. Live-in caregivers of the Medicaid waiver participants have sued a number of entities for alleged minimum and overtime wage violations. Two defendants, Allied Community Resources, Inc. and Allied Community Services, Inc. move for summary judgment on the basis that they were not the live-in caregivers’ employers. For the following reasons, I grant the motion for summary judgment, doc. no. 20. I. Background A. Factual Allegations Isaac Kolonziaa, Michele May-Javeed, and the putative class of plaintiffs they hope to represent bring an action for alleged violations of the Fair Labor Standards Act (“FLSA”) and the Connecticut Minimum Wage Act (“CMWA”). See generally Doc. No. 1. The plaintiffs worked as personal care assistants (“PCAs”) within the Connecticut Department of Social Services’s (“DSS”) Medicaid Waiver program. See Def.’s L. R. 56(a)1 Stmt., Doc. No. 34 ¶¶ 4, 25. The Medicaid Waiver Program funds PCAs so that qualified individuals may receive at- home assistance for daily activities. Id. ¶ 3. I refer to the individuals receiving at-home care as “waiver participants.” See id. ¶ 7. The PCAs received a flat rate for a day of work. Pl.’s L. R. 56(a)2 Stmt., Doc. No. 47-10 ¶ 48. DSS alone established the PCAs’ rate of pay. See id. ¶ 49. The plaintiffs allege that their

hourly wage, accounting for meal periods and interrupted sleep, fell below minimum and overtime wage requirements. Compl., Doc. No. 1 ¶¶ 10-13. The plaintiffs sue DSS and two other entities. Defendant Allied Community Resources, Inc. (“Allied Resources”) contracted with DSS to perform certain functions for the Medicaid Waiver program. Def.’s L. R. 56(a)1 Stmt., Doc. No. 34 ¶ 1. Defendant Allied Community Services (“Allied Services”) wholly owns Allied Resources. See id. ¶ 77. Allied Services manages residential programs for disabled persons. Doc. No. 47-8 at 3-4. Allied Services does not provide at-home care. See id. Allied Services had no involvement with the plaintiffs besides the mere fact that it is the parent company of Allied Resources. See Pl.’s L. R. 56(a)2 Stmt., Doc. No. 47-10 ¶ 78.1

DSS created a “Service Plan” and allocated a budget for each waiver participant dependent on need and available Medicaid funds. Pl.’s L. R. 56(a)2 Stmt., Doc. No. 47-10 ¶ 14. The Allied defendants did not participate in forming the Service Plan or budget. Id. ¶¶ 15, 49. Allied Resources was contractually obligated to train the waiver participants, to list prospective PCAs on a “provider directory,” and to conduct four job seeker events per year. Doc. No. 37 at 74, 76-77, 86. DSS sent Medicaid funds to Allied Resources, who in turn disbursed the funds to the plaintiffs in the form of wages. See Def.’s L. R. 56(a)1 Stmt., Doc. No. 34 ¶¶ 5, 50, 82. When Allied Resources disbursed the plaintiffs’ wages, it was contractually obligated to follow

1 The plaintiffs dispute Allied Services’s claim that it had no interaction with them but present no material evidence to the contrary. See id. DSS’s instructions. Id. ¶ 50.2 Allied Resources additionally ran background checks on PCAs if a waiver participant requested one. Doc. No. 33 ¶¶ 14-15; Doc. No. 37 at 84. Isaac Kolonziaa was a live-in caregiver for a waiver participant. See generally Doc. No. 47-3. Kolonziaa originally worked for another provider agency. Id. at 3. When Allied

Resources “took over” Kolonziaa’s waiver participant as a “client,” Allied sent Kolonziaa a new hire application. Id. Kolonziaa submitted the application and sent Allied other hiring materials. Id. at 3-4. He also signed a “Provider Agreement” bearing Allied Resources’s logo at the top of the document. See id. at 4; Doc. No. 23-2 at 2, 4. At some point, Kolonziaa called an Allied Resources representative for assistance when his waiver participant was interrupting his sleep. Doc. No. 47-3 at 5. Allied Resources temporarily assigned another caregiver to assist Kolonziaa for one evening. Id. Michele May-Javeed was a live-in caregiver for her brother, a waiver participant. Doc. No. 47-4 at 3. May-Javeed also held power of attorney for her brother. Doc. No. 33 ¶ 37; see also Doc. No. 23 ¶ 37. May-Javeed signed a “packed of documents” from Allied Resources.

Doc. No. 47-4 at 3. Allied Resources explained certain tasks to May-Javeed, such as “how to complete the timesheet” and “safety protection[s].” Id. When May-Javeed experienced sleep interruptions, a representative from Allied Resources directed her to training videos on Allied’s website. Id. at 3-4. B. Procedural History

Allied first moved for summary judgment and moved to stay discovery on May 1, 2024. Doc. No. 20. I held a telephonic Rule 16 conference on May 20, 2024. Doc. No. 35. During

2 The plaintiffs dispute Allied Resources’s claim that “Allied disbursed the money to pay Plaintiffs pursuant to DSS instruction,” but present no material evidence to the contrary. See Pl.’s L. R. 56(a)2 Stmt., Doc. No. 47-10 ¶ 50. that conference, I granted in part the Allied defendants’ motion to stay discovery and allowed limited discovery to proceed “on the issue of whether the Allied defendants are the plaintiffs’ employer[] . . . so that the plaintiffs may meaningfully respond to the Allied defendants’ motion for summary judgment.” Id. I granted DSS’s motion to stay discovery in full. Id.

DSS promptly filed a motion to dismiss for lack of subject matter jurisdiction, primarily on the basis that the Eleventh Amendment immunized them from suit. See generally Doc. No. 36. On June 21, 2024, the Allied defendants moved to dismiss. Doc. No. 40. The Allied defendants argued that they too were immunized by the Eleventh Amendment as arms of the state and that the plaintiffs had failed to plausibly allege that they were employers within the meaning of the FLSA and the CMWA. See generally id. After discovery, the plaintiffs filed their opposition to the motion for summary judgment. See Doc. No. 47. On March 20, 2025, I held oral argument on the Allied defendants’ motion for summary judgment, motion to dismiss, and on DSS’s motion to dismiss. Doc. No. 51. I granted DSS’s motion to dismiss after determining that the agency was entitled to sovereign immunity. See id.

I denied the Allied defendants’ Rule 12(b)(1) motion to dismiss on sovereign immunity grounds after determining that they were not arms of the state entitled to sovereign immunity. See id. I denied the Allied defendants’ Rule 12(b)(6) motion in light of their pending motion for summary judgment, which I took under advisement. See id. II. Standard of Review

A. Rule 56 Motion for Summary Judgment Summary judgment is appropriate when the record demonstrates that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986) (plaintiff must present affirmative evidence in order to defeat a properly supported motion for summary judgment). When ruling on a summary judgment motion, the court must construe the facts of record in the light most favorable to the nonmoving party and must resolve all ambiguities and draw all

reasonable inferences against the moving party. Anderson, 477 U.S. at 255; Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,

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