Delaware FLSA Collective Action Certified

July 25, 2012

On July 5th, 2012, U.S. District Judge Richard G. Andrews for the District of Delaware certified a FLSA collective action and ordered court-facilitated notice to all potential plaintiffs of a suit by certified nursing assistants (“CNAs”) who have worked at the Harbor Healthcare and Rehabilitation Center in Lewes, Delaware. The CNAs allege they have been denied 30 minutes of pay per shift for purported meal breaks, despite the fact that they are regularly required to work during these periods.

Judge Andrews also denied the employer’s motion to dismiss state wage-and-hour law claims.  The employer had argued that the CNAs have no right to bring a claim under Delaware law because they are supposedly not covered by a contract.

Michael T. Anderson and Renee M. Gerni of Murphy Anderson litigated these motions.