Maldonado v. Alta Healthcare Group, Inc.

17 F. Supp. 3d 1181, 2014 U.S. Dist. LEXIS 60153, 2014 WL 1661265
CourtDistrict Court, M.D. Florida
DecidedMarch 26, 2014
DocketCase No. 6:12-cv-1552-Orl-36DAB
StatusPublished
Cited by3 cases

This text of 17 F. Supp. 3d 1181 (Maldonado v. Alta Healthcare Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maldonado v. Alta Healthcare Group, Inc., 17 F. Supp. 3d 1181, 2014 U.S. Dist. LEXIS 60153, 2014 WL 1661265 (M.D. Fla. 2014).

Opinion

ORDER

CHARLENE EDWARDS HONEYWELL, District Judge.

This cause comes before the Court on the cross-motions for summary judgment filed by the parties in this matter. Defendants Alta Healthcare Group, Inc. (“Alta”) and Albert L. Green (“Green” and, collectively with Alta, “Defendants”) filed a Motion for Summary Judgment (“Defendants’ Motion”) (Doc. 46), and Plaintiff Norma Maldonado (“Maldonado”) filed a Motion for Partial Summary Judgment (“Maldonado’s Motion”) (Doc. 47). Responses and replies to the motions for summary judgment were filed. Docs. 53, 54, 59, 60. Upon due consideration of the parties’ submissions, including deposition transcripts, declarations, stipulated facts, memoranda of counsel and accompanying exhibits, and for the reasons that follow, Defendants’ Motion will be denied and Maldonado’s Motion will be granted in part and denied in part.

I. BACKGROUND

A. Statement of Facts1

Green is the owner of Alta, a Florida corporation which, during the relevant [1185]*1185time period, operated three assisted living facilities (“ALFs”) — Aiden Springs Assisted Living Facility (“Aiden Springs”), Summit Care Assisted Living Facility (“Summit Care”),2 and Alta Healthcare at Deerwood (“Deerwood”). Doc. 62, Stipulation of Material Facts Not in Dispute (“SOF”) ¶¶ 1-2.3 The ALFs were licensed under Florida’s Assisted Living Facilities Act, Fla. Stat. 429.01 et seq., and were primarily engaged in providing services to the elderly. SOF ¶ 5. The services provided by the ALFs included: assisting the residents with bathing, dressing, hygiene, and self-administration of medication; performing housekeeping and laundry services; providing companionship; and preparing meals. Id. ¶ 6.

Florida regulations require ALFs to have at least one staff member certified in cardiopulmonary resuscitation (“CPR”) on-site at all times. Id. ¶ 8; see Fla. Admin. Code Ann. r. 58A-5.0191(4). To comply with these regulations, Alta employed at least one individual as “Live-In Care Staff’ at each of its ALFs. See Doc. 47-2. Members of the Live-In Care Staff were required to reside at the ALF, and to remain on the premises during the “night shift” from 8:00 p.m. to 8:00 a.m. each day. See id. The “Job Description & Responsibilities” (the “Job Description”) for the Live-In Care Staff position states that “Live-in Staff are those who have chosen to reside on the premises and has an implicit value of $1,085 per month. In exchange, these staff have agreed to maintain an updated CPR certificate and assist a resident if an emergency arises during the night.” Id. The Job Description further provides that “[t]he Live-In Staff is off duty during [the night shift] and in fact, is presumed to be asleep as the law allows. If the Live-In Staff decides to leave during the [night shift], they must inform the administrator in order that 24 hour CPR coverage can be maintained.” Id. By contrast, during the “day shifts,” Live-In Care Staff were expected to provide the care services ordinarily offered by the ALF to its elderly residents. See id.

During the relevant time period, from June 14, 2010 through the end of October 2010, Maldonado worked at Alta’s Summit Care and Deerwood facilities as Live-In Care Staff. SOF ¶ 4.4 Specifically, Maldonado worked at the Summit Care facility from June 14, 2010 through approximately October 24, 2010, at which point she transferred to the Deerwood facility, where she worked for about one week before resigning. See Doc. 46-2, Deposition of Norma Maldonado (“Maldonado Dep.”), Ex. 6; Green Dep. 9:4-10, 89:28-25; Doc. 47-5.5 Green hired Maldonado, set her rate of pay and schedule, and had the authority to discipline her. SOF ¶ 7.

For several weeks of her employment from June 14, 2010 through mid-October 2010, Maldonado was scheduled for a total [1186]*1186of 45 hours during the “day shift” between 8:00 a.m. and 8:00 p.m. Id. ¶ 9.6 For example, in at least one week, she was scheduled to work the day shift from 3:00 p.m. to 8:00 p.m. on Monday, from 12:00 p.m. to 8:00 p.m. on Tuesday and Wednesday, and from 8:00 a.m. to 8:00 p.m. on Thursday and Friday, for a total of 45 hours that week. See Doc. 47-4. However, as a member of the Live-In Care Staff, she was also scheduled night shifts each day of the week, from 8:00 p.m. to 8:00 a.m., for a total of 84 hours on the night shift per week. SOF ¶ 9. During the night shifts, she was expected to sleep, but she was also expected to respond to any resident issues that arose during the night. Green Dep. 99:9-14.

On several occasions, Maldonado’s sleep during the night shift was interrupted by the need to attend to various issues at the ALF, such as residents who were wandering around the facility or having some type of medical issue. Doc. 54-2, Declaration of Norma Maldonado (“Maldonado Dec.”) ¶ 4.7 When Maldonado was required to respond to a resident issue during a night shift, she would take notes regarding the incident in “Resident Observation Logs,” which are records maintained by Defendants in the ordinary course of business in accordance with Florida regulations. Green Dep. 199:1-217:14, 245:3-9, 249:10-13; see Doc. 57; Fla. Admin. Code Ann. r. 58A-5.024(l)(d). Maldonado would make the notations “as [soon] as possible [to] the moment” she performed the work, and otherwise “later on in the day or later on at night.” Maldonado Dep. 219:15-22. At his deposition, Green testified that he did not recall reviewing the Resident Observation Logs in 2010, that as a general matter he does not review the Resident Observation Logs, and that he had not reviewed them until preparing for his deposition. Green Dep. 44:18-45:7, 194:19-196:6.

Maldonado testified that, on several occasions, she called Green to report an incident that occurred during the night shift, and her entries in the Resident Observation Logs reflect some of these calls. Maldonado Dep. 83:3-86:22; see Doc. 57 at 9, 12, 16. Maldonado further testified that, on several occasions, Green reported to the scene of the incident in response to her calls. Maldonado Dep. 85:3-10. Green, however, testified that he cannot recall receiving a phone call from Maldonado or reporting to an ALF in response to a resident issue during any night shifts. Green Dep. 109:7-110:15,111:14-16.

Maldonado was compensated at a rate of $10.00 per hour for her day shift hours up to 40 per week, and at an overtime rate of $15.00 per hour for any day shift hours over 40 per week. SOF ¶ 10. Pursuant to an agreement with Maldonado, which was apparently based on a copy of the Job Description signed by Maldonado as well as certain understandings between Defendants and Maldonado (the “Live-In Agreement”),8 Defendants did not provide mone[1187]*1187tary compensation to Maldonado for her presence during scheduled night shifts or for time she actually spent responding to residents’ concerns during night shifts. Green Dep. 100:23-101:11, 235:3-14; see Doc. 47-2. Green testified that Live-In Care Staff did not receive such compensation because they benefited from the “implicit value” of not having to pay living expenses, which he calculated to be worth $1,085. Green Dep. 150:13-152:14.

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17 F. Supp. 3d 1181, 2014 U.S. Dist. LEXIS 60153, 2014 WL 1661265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-v-alta-healthcare-group-inc-flmd-2014.