Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 1 of 17
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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`ANN MARGARET DAYWALT, individually and :
`on behalf of all others similarly situated,
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`457 N Hanover Street
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`Pottstown, PA 19464
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`Plaintiffs,
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`AFFECTIONATE HOME HEALTH
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`CARE SERVICES LLC
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`14 S Lansdowne Avenue
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`Lansdowne, PA 19050
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`Defendants.
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`Civil Action No.:
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`JURY TRIAL DEMANDED
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`COLLECTIVE AND CLASS ACTION COMPLAINT
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`Plaintiff Ann Margaret Daywalt (“Plaintiff”) hereby brings this action against Defendant
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`Affectionate Home Health Care Services LLC (“Defendant”), and alleges, upon personal belief
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`as to her own acts, and upon information and belief as to the acts of others, as follows:
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`NATURE OF THE ACTION
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`1.
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`Plaintiff bring this complaint contending that Defendant has unlawfully failed to
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`pay her and other similarly-situated individuals employed in the positions of Home Health Aid
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`(“Class Plaintiffs”), overtime compensation pursuant to the requirements of the Fair Labor
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`Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., the Pennsylvania Minimum Wage Act
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`(“PMWA”), 43 P.S. § 333.100, et seq., and the Pennsylvania Wage Payment and Collection Law
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`(“WPCL”), 43 P.S. § 260.1, et seq.
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`Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 2 of 17
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`2.
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`Plaintiff and Class Plaintiffs are current/former employees of Defendant who
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`were employed in the position of Home Health Aid. During the course of their employment,
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`Plaintiff and Class Plaintiffs regularly worked more than forty (40) hours per week, but were not
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`properly compensated for their work in that Plaintiff and Class Plaintiffs were not paid an
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`overtime premium at 1.5 times their regular rate of pay for each hour worked in excess of forty
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`(40) hours in a workweek in violation of the FLSA and PMWA.
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`3.
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`Accordingly, Plaintiff contends that they are owed unpaid wages, and overtime
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`compensation which were denied to them as a result of Defendant’s unlawful pay practices.
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`4.
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`Plaintiff brings this action as a representative action under the FLSA, PMWA, and
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`WPCL for monetary damages and penalties, to seek redress for Defendant’s willful, unlawful,
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`and improper conduct.
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`JURISDICTION AND VENUE
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`5.
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`This Court has jurisdiction over this action pursuant to 29 U.S.C. § 216(b), which
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`provides, in relevant part, that suit under the FLSA “may be maintained against any employer . . .
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`in any Federal or State court of competent jurisdiction.” See 29 U.S.C. § 216(b).
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`6.
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`This Court also has federal question jurisdiction over this action pursuant to 28
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`U.S.C. § 1331.
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`7.
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`This Court has supplemental jurisdiction over Plaintiff’s state law claims because
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`those claims arise out of the same nucleus of operative fact as Plaintiff’s FLSA claims.
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`8.
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`Personal jurisdiction over Defendant exists in the Commonwealth of
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`Pennsylvania as Defendant maintains an office location within the Commonwealth of
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`Pennsylvania in Lansdowne, Pennsylvania, and conducts business throughout the
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`Commonwealth of Pennsylvania.
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`Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 3 of 17
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`9.
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`The venue in this district is proper pursuant to 28 U.S.C. § 1391(b), as the
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`Defendant resides in this judicial district, doing business therein, and a substantial part of the
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`unlawful practices about which Plaintiff is complaining were committed in the Commonwealth
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`of Pennsylvania and in this judicial district.
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`PARTIES
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`10.
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`Plaintiff Ann Margaret Daywalt currently resides at 457 N Hanover Street,
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`Pottstown, PA 19464.
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`11.
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`Upon information and belief, Defendant Affectionate Home Health Care Services
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`LLC, is a limited liability company organized and existing under the laws of the Commonwealth
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`of Pennsylvania, with a corporate address and principal place of business located at 14 S
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`Lansdowne Avenue, Lansdowne, PA 19050.
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`12.
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`13.
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`Defendant is a “private employer” and covered by the FLSA.
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`Plaintiff and Class Plaintiffs are/were employees who have been employed by
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`Defendant during all times relevant hereto and, as such, are employees entitled to the FLSA’s
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`protections. See 29 U.S.C. § 203(e).
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`14.
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`At all times relevant hereto, Defendant acted or failed to act through its agents,
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`servants, and/or employees thereto existing, each of whom acted at all times relevant hereto in
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`the course and scope of their employment with and for Defendant.
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`FLSA COLLECTIVE ACTION ALLEGATIONS
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`15.
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`Paragraphs 1 through 14 are hereby incorporated by reference as though the same
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`were fully set forth at length herein.
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`16.
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`This action is brought as a collective action to recover unpaid overtime
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`compensation, liquidated damages, unlawfully withheld wages, statutory penalties, and damages
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`owed to Plaintiff and all similarly-situated current and former employees of Defendant.
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`17.
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`Pursuant to 29 U.S.C. § 216(b) of the FLSA, Plaintiff brings this action
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`individually and on behalf of all other similarly situated persons presently or formerly employed
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`by Defendant in the position of Home Health Aid, or in positions with substantially similar job
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`duties, who worked for Defendant at any point in three (3) years preceeding the date the instant
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`action was initiated, who were paid on an hourly basis and denied overtime compensation at 1.5
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`times their regular rate of pay for all hours worked over forty (40) in a workweek (“Class
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`Plaintiffs”).
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`18.
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`Upon information and belief, Plaintiff estimates that there are approximately three
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`hundred (300) other similarly situated Home Health Aides who either are working or worked for
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`Defendant in the Commonwealth of Pennsylvania and were unlawfully denied overtime
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`compensation at 1.5 times their “regular rate” of pay for hours work in excess of forty (40) in a
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`workweek as a result of the unlawful practices described above. The precise number of
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`employees can easily be ascertained by Defendant. These employees can be identified and
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`located using Defendant’s payroll and/or personnel records. Class Plaintiffs may be informed of
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`the pendency of this Collective Action by direct mail, electronic mail, and/or publication.
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`19.
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`Pursuant to 29 U.S.C. § 216(b), this action is properly maintained as a collective
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`action because the Class Plaintiffs are similarly-situated. Plaintiff and Class Plaintiffs were
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`similarly denied overtime compensation at 1.5 times their regular rate of pay as a result of
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`Defendant’s failure to accurately track the hours they worked for Defendant when calculating
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`their eligibility for overtime compensation, had the same or similar job classifications and job
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`Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 5 of 17
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`duties, and were subject to the same uniform policies, business practices, payroll practices, and
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`operating procedures. Further, Defendant’s willful policies and practices, which are discussed
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`more fully in this Collective and Class Action Complaint, whereby Defendant has failed to pay
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`Class Plaintiffs an overtime premium based on 1.5 times their “regular rate” for all hours worked
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`over forty (40) hours in a workweek, have impacted Class Plaintiffs in the same fashion.
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`20.
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`Plaintiff will request the Court to authorize notice to all current and former
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`similarly-situated employees employed by Defendant, informing them of the pendency of this
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`action and their right to “opt-in” to this lawsuit pursuant to 29 U.S.C. § 216(b), for the purpose of
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`seeking unpaid compensation, overtime compensation, and liquidated damages under the FLSA.
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`CLASS ACTION ALLEGATIONS
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`21.
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`Paragraphs 1 through 20 are hereby incorporated by reference as though the same
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`were fully set forth at length herein.
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`22.
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`Plaintiff brings this action individually, and on behalf of the following state-wide
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`class of similarly situated individuals, pursuant to Rule 23 of the Federal Rules of Civil
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`Procedure:
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`All persons presently or formerly employed by Defendants during the past three
`(3) years in the position of Home Health Aid or in positions with substantially
`similar job duties who were paid on an hourly basis and were denied overtime
`compensation for work performed in excess of forty (40) hours in a workweek.
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`23.
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`The members of the class are so numerous that joinder of all members is
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`impractical. Class members may be informed of the pendency of this Class Action by direct
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`mail, electronic mail, and/or publication.
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`24.
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`Pursuant to the Federal Rule of Civil Procedure 23(a)(2), there are questions of
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`law and fact common to the Class, including, but not limited to:
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`A. Whether Plaintiff and the Class are entitled to overtime compensation for
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`services rendered in excess of forty (40) hours per week under the FLSA/PMWA;
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`B. Whether Defendant failed to accurate track and maintain records of the
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`hours worked by Plaintiff and the Class;
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`C. Whether Plaintiff and the Class worked in excess of forty (40) hours per
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`week;
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`D. Whether Defendant failed to pay Plaintiff and the Class wages and
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`overtime compensation in the period when said wages became due and owing in violation of the
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`WPCL;
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`E. Whether Plaintiff and the Class have suffered and are entitled to damages,
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`and if so, in what amount; and
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`F.
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`Whether Plaintiff and the Class are entitled to liquidated damages under
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`the WPCL.
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`25.
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`Plaintiff’s claims are typical of the claims of the Class members. Plaintiff is a
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`former employee of Defendant who was employed in the position of Home Health Aid who has
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`suffered similar injuries as those suffered by the Class members as a result of Defendant’s failure
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`to pay wages and overtime compensation. Defendant’s conduct of violating the FLSA, PMWA
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`and WPCL has affected Plaintiff and the Class in the exact same way.
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`26.
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`Plaintiff will fairly and adequately represent and protect the interests of the Class.
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`Plaintiff is similarly situated to the Class and has no conflict with the Class members.
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`27.
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`Plaintiff is committed to pursuing this action and has retained competent counsel
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`experienced in class action litigation.
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`28.
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`Pursuant to Rules 23(b)(1), (b)(2), and/or (b)(3) of the Federal Rules of Civil
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`Procedure, this action is properly maintained as a class action because:
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`A.
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`The prosecution of separate actions by or against individual members of
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`the Class would create a risk of inconsistent or varying adjudication with respect to individual
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`members of the Class that would establish incompatible standards of conduct for Defendant;
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`B.
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`Defendant, by failing to pay wages and overtime compensation when they
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`became due and owing in violation of the FLSA, PMWA, and WPCL, has acted or refused to act
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`on grounds generally applicable to the Class, thereby making equitable relief appropriate with
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`respect to the Class as a whole; and
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`C.
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`The common questions of law and fact set forth above applicable to the
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`Class predominate over any question affecting only individual members and a class action is
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`superior to other available methods for the fair and efficient adjudication of this case, especially
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`with respect to considerations of consistency, economy, efficiency, fairness and equity, as
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`compared to other available methods for the fair and efficient adjudication of the controversy.
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`29.
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`A class action is also superior to other available means for the fair and efficient
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`adjudication of this controversy because individual joinder of the parties is impractical. Class
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`action treatment will allow a large number of similarly situated persons to prosecute their
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`common claims in a single forum simultaneously, efficiently, and without the unnecessary
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`duplication of effort and expense if these claims were brought individually. Additionally, as the
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`damages suffered by each Class member may be relatively small, the expenses and burden of
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`individual litigation would make it difficult for the Class members to bring individual claims.
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`The presentation of separate actions by individual Class members would create a risk of
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`inconsistent and varying adjudications, establishing incompatible standards of conduct for
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`Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 8 of 17
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`Defendant, and/or substantially impair or impede the ability of each member of the Class to
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`protect his or her interests.
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`FACTUAL BACKGROUND
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`30.
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`Paragraphs 1 through 29 are hereby incorporated by reference as though the same
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`were fully set forth at length herein.
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`31.
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`Plaintiff first began her employment with Defendant on or about June 2, 2018, in
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`the position of Home Health Aid.
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`Facts Pertaining to Plaintiff’s Collection/Class Claims
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`Paragraphs 1 through 31 are hereby incorporated by reference as though the same
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`32.
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`were fully set forth at length herein.
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`33.
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`In Plaintiff’s and, upon information and belief, Class Plaintiffs’ capacities as
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`Home Health Aides, Plaintiff and Class Plaintiffs provide home health services for patients.
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`34.
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`Plaintiff’s and Class Plaintiffs’ primary job responsibilities in their capacities as
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`Home Health Aides include bathing, clothing, and/or feeding patients, providing patients with
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`salutary needs and/or exercise, meeting and interacting with patient’s family members, and/or
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`insurance agencies through face-to-face encounters as well as through email, phone
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`conversations, and text messaging, filling out paperwork, and writing progress notes.
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`35.
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`Plaintiff and Class Plaintiffs provide the aforementioned services on a schedule
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`determined by Defendant, who instructs Plaintiff and Class Plaintiffs where and when to report
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`to work.
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`36.
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`For example, when performing the role of Home Health Aid, Plaintiff and Class
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`Plaintiffs are required by Defendant to report to their assigned patient on a routine schedule to
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`provide the aforementioned services of a Home Health Aid.
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`37.
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`Plaintiff and Class Plaintiffs are only able to leave once all Home Health Aid
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`services are completed and any needed care has been given each day.
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`38.
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`Defendant maintains similar control over the manner by which Plaintiff and Class
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`Plaintiffs perform their duties as Home Health Aides, in that Defendant is responsible for
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`assigning patients to Plaintiff and Class Plaintiffs and determining the scheduling of when
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`Plaintiff and Class Plaintiffs are to provide the aforementioned services.
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`39.
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`Plaintiff and Class Plaintiffs are required to perform the aforementioned work in
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`accordance with certain specific guidelines, protocols, and trainings provided by Defendant.
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`40.
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`Plaintiff, and upon information and belief, Class Plaintiffs also receive annual
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`performance evaluations from Defendant, along with performance feedback, coaching, and
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`discipline for failing to perform in accordance with Defendant’s expectations.
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`41.
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`42.
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`Defendant’s Home Health Aides are compensated on an hourly basis.
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`During a typical workweek, Plaintiff – and, upon information and belief, Class
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`Plaintiffs – perform, on average, approximately eighty-four (84) to one hundred and fourteen
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`(114) hours of compensable work.
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`43.
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`However, despite regularly working well over forty (40) hours per week, Plaintiff,
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`and upon information and belief, Class Plaintiffs did not receive overtime compensation at 1.5
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`times their regular rate of pay for all hours worked over forty (40) in a workweek.
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`44.
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`For example, during the pay period of November 11, 2018 until November 17,
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`2018, Plaintiff worked eighty-four (84) hours performing Home Health Aid services for
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`Defendant, but received only straight time for her hours worked.
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`45.
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`As a result of the aforesaid practices, Plaintiff and Class Plaintiffs have been
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`denied overtime compensation at 1.5 times their regular rate of pay for all hours worked over
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`forty (40) in a workweek.
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`46. Moreover, on more than one (1) occasion, Plaintiff, and upon information and
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`belief, Class Plaintiffs performed their aforementioned job responsibilities for which they
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`received no compensation, let alone overtime.
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`47.
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`Plaintiff and Class Plaintiffs are/were paid on an hourly basis, and, as such, do not
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`qualify for the executive, administrative, or professional exemptions under the FLSA/PMWA.
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`48.
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`Plaintiff and Class Plaintiffs also do not have the authority to hire, fire, or
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`discipline other employees of Defendant, nor do they make recommendations with respect to
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`employee status changes to which Defendant gives substantial weight.
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`49.
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`As a result, Plaintiff and Class Plaintiffs do not satisfy the duties requirements for
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`the exemption for executive employees under the FLSA/PMWA.
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`50.
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`Plaintiff and Class Plaintiffs do not perform work directly related to Defendant’s
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`management or general business operations, nor do they exercise discretion or independent
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`judgment regarding matters of significance to Defendant.
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`51.
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`Accordingly, Plaintiff and Class Plaintiffs do not meet the duties requirements for
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`the exemption for administrative employees under the FLSA/PMWA.
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`52.
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`Plaintiff’s and Class Plaintiffs’ primary duty does not include the performance of
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`work predominately intellectual in nature requiring advanced knowledge in a field of science or
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`learning acquiring through a prolonged course of intellectual instruction. In this regard,
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`Plaintiff’s and Class Plaintiffs’ job duties does not require the consistent exercise of discretion
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`and judgment, as distinguished from the performance of routine mental, manual, and mechanical
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`work. Rather, Plaintiff and Class Plaintiffs are required to perform their job responsibilities in
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`accordance with specific guidelines, protocols, procedures, and trainings provided by Defendant.
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`53.
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`Accordingly, Plaintiff and Class Plaintiffs do not meet the duties requirements for
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`the exemption for learned professionals under the FLSA/PMWA.
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`54.
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`Finally, there are no other exemptions under the FLSA and/or PMWA which
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`could arguably be applicable to Plaintiff or Class Plaintiffs.
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`55.
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`Plaintiff and Class Plaintiffs are/were, within the meaning of the FLSA and
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`PMWA, non-exempt employees of Defendant and therefore entitled to overtime compensation at
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`1.5 times their regular rate of pay for all hours they worked over forty (40) in a workweek.
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`56.
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`As a result of Defendant’s aforesaid illegal actions, Plaintiff and Class Plaintiffs
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`have suffered damages.
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`COUNT I
`FAIR LABOR STANDARDS ACT
`29 U.S.C. § 201, et seq.
`FAILURE TO PAY OVERTIME COMPENSATION
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`Paragraphs 1 through 61 are hereby incorporated by reference as though the same
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`57.
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`were fully set forth at length herein.
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`58.
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`Pursuant to Section 206(b) of the FLSA, employees must be compensated for
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`every hour worked in a workweek.
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`59. Moreover, under Section 207(a)(1) of the FLSA, employees must be paid
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`overtime equal to 1.5 times the employee’s regular of pay, for all hours worked in excess of forty
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`(40) hours per week.
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`60.
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`Defendant failed to accurate track and maintain records of all hours worked by
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`Plaintiff and Class Plaintiffs.
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`61.
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`As a result, Defendant failed to pay Plaintiff and Class Plaintiffs overtime
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`compensation for all hours worked over forty (40) in a workweek at 1.5 times their regular rate
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`of pay.
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`62.
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`The foregoing actions of Defendant and the policies and practices of Defendant
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`violate the FLSA.
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`63.
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`Defendant’s actions were willful, not in good faith, and in reckless disregard of
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`clearly applicable provisions.
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`64.
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`Defendant is liable to Plaintiff and Class Plaintiffs for actual damages, liquidated
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`damages, and other equitable relief, pursuant to 29 U.S.C. § 216(b), as well as reasonable
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`attorneys’ fees, costs, and expenses.
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`WHEREFORE, Plaintiffs, on behalf of themselves and the Class Plaintiffs, pray for
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`judgment against Defendants as follows:
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`A.
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`An Order from this Court permitting this litigation to proceed as a collective
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`action pursuant to 29 U.S.C. § 216(b);
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`B.
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`An Order from the Court ordering Defendant to file with this Court and furnish to
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`the undersigned counsel a list of all names and addresses of all persons presently or formerly
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`employed by Defendant at any point during the past three (3) years in the position of Home
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`Health Aid who were paid on an hourly basis and denied overtime compensation at 1.5 times
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`their regular rate of pay for all hours worked over forty (40) in a workweek, and authorizing
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`Plaintiff’s counsel to issue a notice at the earlies possible time to these individuals, informing
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`them that this action has been filed, of the nature of the action, and of their right to opt-in to this
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`lawsuit if they worked for Defendant during the liability period, but were not paid overtime
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`compensation at 1.5 times their regular rate of pay as required by the FLSA;
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`C.
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`Adjudicating and declaring that Defendant’s conduct as set forth herein and above
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`is in violation of the FLSA;
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`D.
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`Adjudicating and declaring that Defendant violated the FLSA by failing to pay
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`overtime compensation to Plaintiff and Class Plaintiffs for work performed in excess of forty
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`(40) hours per week;
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`E.
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`Awarding Plaintiff and Class Plaintiffs back pay wages and/or overtime wages in
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`an amount consistent with the FLSA;
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`F.
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`Awarding Plaintiff and Class Plaintiffs liquidated damages in accordance with the
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`FLSA;
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`G.
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`Awarding Plaintiff reasonable attorneys’ fees and all costs of this action, to be
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`paid by Defendant, in accordance with the FLSA;
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`H.
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`Awarding pre-and post-judgment interest and court costs as further allowed by
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`law;
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`I.
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`Granting Plaintiff and Class Plaintiffs leave to add additional Plaintiffs by motion,
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`the filing of written opt-in consent forms, or any other method approved by the Court; and
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`J.
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`For all additional general and equitable relief to which Plaintiff and Class
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`Plaintiffs may be entitled.
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`COUNT II
`PENNSYLVANIA MINIMUM WAGE ACT OF 1968
`43 P.S. § 333, et seq.
`FAILURE TO PAY OVERTIME COMPENSATION
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`Paragraphs 1 through 69 are hereby incorporated by reference as though the same
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`65.
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`were fully set forth at length herein.
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`66.
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`The Pennsylvania Minimum Wage Act provides that employers must pay certain
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`“minimum wages,” including overtime wages, to its employees. See 43 P.S. § 333.113.
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`67.
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`The Pennsylvania Minimum Wage Act further provides that “employees shall be
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`paid for overtime not less than one- and one-half times the employee’s regular rate” for hours
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`worked in excess of forty (40) hours in a workweek. See 43 P.S. § 333.113.
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`68.
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`By its actions alleged above, Defendant has violated the provisions of the
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`Pennsylvania Minimum Wage Act of 1968 by failing to properly pay overtime compensation and
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`for failing to properly pay Plaintiff and Class Plaintiffs for all hours work.
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`69.
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`As a result of Defendant’s unlawful acts, Plaintiff and Class Plaintiffs have been
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`deprived of overtime compensation in amounts to be determined at trial, and are entitled to
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`recovery of such amounts, together with interest, costs and attorney’s fees pursuant to
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`Pennsylvania Minimum Wage Act of 1968, 43 P.S. § 333.113.
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`WHEREFORE, Plaintiffs, on behalf of themselves and the Class Plaintiffs, pray for
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`judgment against Defendants as follows:
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`A.
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`An Order certifying this case as a class action and designating Plaintiff as the
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`representative of the Class and her counsel as class counsel;
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`B.
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`An award to Plaintiff and Class Plaintiffs for the amount of unpaid overtime
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`compensation to which they are/were entitled, including interest thereon, and penalties subject to
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`proof;
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`C.
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`An award to Plaintiff and Class Plaintiffs of reasonable attorneys’ fees and costs
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`pursuant to the Pennsylvania Minimum Wage Act; and
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`D.
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`An award to Plaintiff and Class Plaintiffs for any other damages available to them
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`under applicable Pennsylvania law, and all such other relief as this Court may deem proper.
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`COUNT III
`PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW
`43 P.S. § 260.1, et seq.
`FAILURE TO PAY WAGES
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`Paragraphs 1 through 74 are hereby incorporated by reference as though the same
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`75.
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`were fully set forth at length herein.
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`76.
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`Under the WPCL, “[a]ll wages . . . earned in any pay period shall be due and
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`payable within the number of days after the expiration of said pay period as provided in a written
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`contract of employment.” See 43 P.S. § 260.3(a).
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`77.
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`No provision of the WPCL, including an employee’s right to payment of all
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`wages “earned in any pay period” may be “contravened or set aside by a private agreement.”
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`See 43 P.S. § 260.7.
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`78.
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`By its actions alleged above, Defendant has violated the provisions of the WPCL
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`by failing to pay certain wages and benefits earner, due and owing to Plaintiff and Class
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`Plaintiffs pursuant to Defendant’s policies, practices and agreements with Plaintiff and Class
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`Plaintiffs.
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`79.
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`Plaintiff and Class Plaintiffs are entitled to compensation for hours of work which
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`they performed for Defendant and for which they were not properly compensated.
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`80.
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`As a result of Defendant’s unlawful acts, Plaintiff and Class Plaintiffs have been
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`deprived of compensation in amounts to be determined at trial, an are entitled to recovery of such
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`amounts, and liquidated damages, together with costs and attorney’s fees pursuant to the WPCL.
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`WHEREFORE, Plaintiff, on behalf of herself and the Class Plaintiffs, pray for judgment
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`against Defendants as follows:
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`A.
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`An Order from this Court permitting this litigation to proceed as a class action and
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`designating Plaintiff as the representative of the Class and her counsel as class counsel;
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`B.
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`An award to Plaintiff and Class Plaintiffs for the amount of unpaid compensation
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`to which they are entitled, including interest thereon, and penalties subject to proof;
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`Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 16 of 17
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`C.
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`An award to Plaintiff and the Class Plaintiffs of liquidated damages in an amount
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`equal to twenty-five (25%) of the total amount of wages and benefits due pursuant to the WPCL;
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`D.
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`An award to and Plaintiff Class Plaintiffs of reasonable attorneys’ fees and costs
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`pursuant to the WPCL; and
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`E.
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`An award to Plaintiff and Class Plaintiffs for any other damages available to them
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`under applicable Pennsylvania law, including general and special damages according to proof,
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`and all other such relief as this Court may deem proper.
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`JURY DEMAND
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`Plaintiff hereby demands a trial by jury as to all issues so triable.
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`Respectfully submitted,
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`MURPHY LAW GROUP, LLC
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` By: _/s/ Preeya Bansal_______________________
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`Preeya Bansal, Esq.
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`Eight Penn Center, Suite 2000
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`1628 John F. Kennedy Blvd.
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`Philadelphia, PA 19103
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`TEL: 267-273-1054
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`FAX: 215-525-0210
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`pbansal@phillyemploymentlawyer.com
`Attorney for Plaintiff
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`Dated: June 28, 2021
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`Case 2:21-cv-02867 Document 1 Filed 06/28/21 Page 17 of 17
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`DEMAND TO PRESERVE EVIDENCE
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`The Defendant is hereby demanded to preserve all physical and electronic information
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`pertaining in any way to Plaintiff’s and the Class/Collective Plaintiffs’ employment, to their
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`potential claims and their claims to damages, to any defenses to same, including, but not limited
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`to, electronic data storage, employment files, files, memos, job descriptions, text messages, e-
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`mails, spread sheets, images, cache memory, payroll records, paystubs, time records, time sheets
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`and any other information and/or data which may be relevant to any claim or defense in this
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`litigation.
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