`MARTIN J. WALSH,
`SECRETARY OF LABOR,
`UNITED STATES DEPARTMENT OF LABOR,
`
`
`Plaintiff,
`
`
`ELITE HOME HEALTH CARE, INC.
`d/b/a ELITE HOME HEALTH CARE;
`and HENRY L. OLDS, JR.,
`
`
`v.
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`Defendants.
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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 1 of 10 PageID# 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF VIRGINIA
`NORFOLK DIVISION
`
`)
`)
`)
`)
`)
`)
`) Civil Action No.
`)
`)
`)
`)
`)
`)
`)
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`
`
`COMPLAINT
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`Plaintiff, Martin J. Walsh, Secretary of Labor, United States Department of Labor
`
`(“Plaintiff”), brings this action to enjoin Elite Home Health Care, Inc., d/b/a Elite Home Health
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`Care (“Elite”) and Henry L. Olds, Jr., (collectively, “Defendants”), from violating the provisions
`
`of Sections 7, 11(c), 15(a)(2), and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended,
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`29 U.S.C. § 201, et seq. (“the Act”), and for a judgment against Defendants in the total amount
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`of back wage compensation found by the Court to be due to any of the employees of Defendants
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`pursuant to the Act and an equal amount due to the employees of Defendants in liquidated
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`damages.
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`1.
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`Jurisdiction of this action is conferred upon the Court by Sections 16(c) and 17 of
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`the Act, 29 U.S.C. §§ 216(c) and 217, and by 28 U.S.C. §§ 1331 and 1345.
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`2.
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`Defendant Elite Home Health Care, Inc., d/b/a Elite Home Health Care (“Elite”)
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`is, and at all times hereinafter referenced was, a Virginia corporation with a registered address
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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 2 of 10 PageID# 2
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`and principal place of business at 115 W. 2nd Avenue, Franklin, Virginia 23851, which is within
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`the jurisdiction of this Court. Defendant Elite is a home healthcare business that provides in-
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`home nursing care through direct care workers to its customers including providing
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`companionship service and assistance with activities of daily living such as cooking, dressing,
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`bathing, feeding and medicine reminders.
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`3.
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`Defendant Henry L. Olds, Jr. (“Olds”), is, and at all times hereinafter referenced
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`was, the President and owner of Elite. Defendant Olds managed the daily operation of Elite,
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`directed employment practices and has directly or indirectly acted in the interest of Elite in
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`relation to its employees at all relevant times herein, including supervising employees, hiring and
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`firing employees, and setting pay rates and policies for employees. Defendant Olds resides in
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`Franklin, Virginia, within the jurisdiction of this Court. Defendant Olds meets the definition of
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`an employer within the meaning of Section 3(d) of the Act. 29 U.S.C. § 203(d).
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`4.
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`Defendants employ persons in domestic service for profit, which affects
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`commerce per Section 2(a)(5) of the Act. 29 U.S.C. 202(a)(5). Elite employs certified nursing
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`assistants (“CNAs”) and personal care aides (“PCAs”) (collectively, “employees”) to provide in-
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`home care services to Elite’s clients, at all times relevant herein.
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`5.
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`At all times hereinafter mentioned, Defendants have been an enterprise within the
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`meaning of Section 3(r) of the Act, in that the Defendants have been, through a unified operation
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`or common control, engaged in the performance of related activities for a common business
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`purpose. 29 U.S.C. 203(r). These activities constituted (and/or were related to) the provision of
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`health care services to customers, in furtherance of the Defendant’s business purposes. 29 U.S.C.
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`§ 203(r).
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`2
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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 3 of 10 PageID# 3
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`6.
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`At all times relevant herein, Defendants have employed, and are employing,
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`employees in and about their place of business in the activities of an enterprise engaged in
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`commerce. Further, at all times relevant herein, Defendants have had annual gross volume sales
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`made or done in an amount not less than $500,000, thereby affording coverage to all of their
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`employees pursuant to Section 3(s)(1)(A) of the Act, 29 U.S.C. § 203 (s)(1)(A)(ii).
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`7.
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`From at least April 20, 2018, through April 17, 2021 (“Relevant Period”)
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`Defendants employed the individuals listed in the attached Schedule A (collectively referred to
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`herein as “employees”) including nursing staff, CNAs, PCAs, and/or other domestic workers at
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`some point during the Relevant Period.
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`8.
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`Defendants willfully violated the provisions of Sections 7 and 15(a)(2) of the Act,
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`29 U.S.C. §§ 207 and 215(a)(2), by employing their employees in an enterprise engaged in
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`commerce or in the production of goods for commerce for workweeks longer that those
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`prescribed in Section 7 of the Act without compensating said employees for hours worked over
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`forty (40) in a workweek at rates not less than one and one-half times their regular rates.
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`Therefore, Defendants are liable for the payment of unpaid overtime compensation and an equal
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`amount of liquidated damages under Section 16(c) of the Act, 29 U.S.C. § 216(c).
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`a.
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`For example, during the Relevant Period, from at least April 27, 2018, through
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`April 17, 2021, Defendants failed to compensate certain of non-exempt employees employed
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`as CNAs and PCAs who worked over forty (40) hours in a workweek at one and one-half
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`times their regular rate. During the Relevant Period, these employees worked at least one
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`hour in excess of forty (40) hours per workweek.
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`9.
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`Defendants knew or recklessly disregarded their obligations under section 7 of the
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`Act, in that Defendants were required to compensate employees who worked more than forty
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`3
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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 4 of 10 PageID# 4
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`(40) hours in a workweek at the overtime rate. For example, Defendants paid certain employees
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`straight time for all or some hours worked over (40) forty in a workweek. Additionally, in
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`workweeks in which certain other employees worked in excess of forty (40) per workweek,
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`Defendants paid employees a combination of straight time hourly rates and the required time and
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`one-half premium rate and did not pay the required time and one-half premium rate for all
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`overtime hours worked.
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`10.
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`Defendants willfully violated the provisions of Sections 11(c) and 15(a)(5) of the
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`Act, 29 U.S.C. §§ 211(c) and 215(a)(5), by failing to make, keep and preserve adequate and
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`accurate records of their employees’ wages, hours and other conditions of employment, as
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`required by the regulations issued and found at 29 C.F.R. Part 516. Further, Defendants failed to
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`keep proper records of their employees’ regular rate of pay and the total premium pay for all
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`overtime hours worked in a workweek and compensation as prescribed by 29 C.F.R. Part
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`516.2(a)(6) and (9). For example, Defendants’ failed to keep accurately regular rates in overtime
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`workweeks and fail to separate hours worked into single workweeks.
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`11.
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`As a result of the willful violations alleged above, amounts are owed for hours
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`worked that were paid at rates less than the rates set forth in Sections 7 of the Act for the
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`employees named in Schedule A attached to this Complaint. Additional amounts may be due to
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`other employees employed by Defendants during the time period covered by this Complaint (and
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`continuing up to the time Defendants demonstrate that they came into compliance with the Act)
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`whose identities are not now known to Plaintiff.
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`12.
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`During the relevant period, Defendants continually and willfully violated the
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`provisions of the Act as alleged above. A judgment permanently enjoining and restraining the
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`4
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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 5 of 10 PageID# 5
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`violations herein alleged (including restraining of withholding of overtime compensation) is
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`specifically authorized by Section 17 of the Act, 29 U.S.C. § 217.
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`WHEREFORE, cause having been shown, the Secretary prays for judgment against
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`Defendants providing the following relief:
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`(1)
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`For an injunction issued pursuant to Section 17 of the Act permanently enjoining
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`and restraining Defendants, their officers, agents, servants, employees, and those persons in
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`active concert or participation with Defendants who receive actual notice of any such judgment,
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`from violating the provisions of Sections 7, 11(c), 15(a)(2) and 15(a)(5) of the Act; and,
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`(2)
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`For judgment pursuant to Section 16(c) of the Act finding Defendants liable for
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`unpaid overtime compensation due to certain of Defendants’ current and former employees listed
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`in the attached Schedule A for the period from at least April 20, 2018, through April 17, 2021,
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`and for an equal amount due to certain of Defendants’ current and former employees in
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`liquidated damages. Additional amounts of back wages and liquidated damages may also be
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`owed to certain current and former employees of Defendants listed in the attached Schedule A
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`for violations continuing after April 17, 2021, and may be owed to certain current and former
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`employees presently unknown to the Secretary for the period covered by this Complaint, who
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`may be identified during this litigation and added to Schedule A;
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`(3)
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`For an injunction issued pursuant to Section 17 of the Act restraining Defendants,
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`their officers, agents, employees, and those persons in active concert or participation with
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`defendants, from withholding the amount of unpaid overtime compensation found due
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`defendants’ employees;
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`5
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`

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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 6 of 10 PageID# 6
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`(4)
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`In the event liquidated damages are not awarded, for an Order awarding
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`prejudgment interest computed at the underpayment rate established by the Secretary of the
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`Treasury pursuant to 26 U.S.C. § 6621.
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`FURTHER, Plaintiff prays that this Honorable Court award costs in his favor, and an
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`order granting such other and further relief as may be necessary and appropriate.
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`Mailing Address:
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` UNITED STATES DEPARTMENT OF LABOR
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`Respectfully submitted,
`
`Mohamed E Seifeldein
`U.S. Department of Labor
`Office of the Regional Solicitor
`201 12th Street South
`Suite 401
`Arlington, VA 22202-5450
`(202) 693-9393(voice)
`(202) 693-9392 (fax)
`seifeldein.mohamed.e@dol.gov
`
`Sharon H. McKenna
`U.S. Department of Labor
`Office of the Regional Solicitor
`1835 Market Street
`Mailstop SOL/22
`Philadelphia, PA 19103
`(215) 861-5037 (voice)
`(215) 861-5162 (fax)
`mckenna.sharon.h@dol.gov
`
`Seema Nanda
`Solicitor of Labor
`
`Oscar L. Hampton III
`Regional Solicitor
`
`Ryma N. Lewis
`Wage and Hour Counsel
`VA State Bar # 83322
`
`/s/ Mohamed Seifeldein
`Mohamed E Seifeldein
`Trial Attorney
`VA State Bar # 84424
`
`/s/ Sharon H. McKenna
`Sharon H. McKenna
`Trial Attorney
`PA Bar ID # 89181 Pro
`hac vice pending
`
`Attorneys for Plaintiff
`
`Date: July 15, 2022
`
`6
`
`

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`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 7 of 10 PageID# 7
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`SCHEDULE A
`
`
`
`Name
`1. April Artis
`2. Michelle D. Artis
`3. Dianne Asuquo
`Shelia Banks
`4.
`5. Catina Bansah
`Paulette D. Barham
`6.
`7. Ruth Barham
`8. Derrick Best
`9. Annette Blount
`Lynette Blow
`10.
`11. Cristina Boone
`12. Destiny S. Boone
`Latoria Boone
`13.
`14. Marquita Boone
`Patricia B. Boone
`15.
`16.
`Tonya Boone
`17. Helen N. Boone-Beale
`Torrance Bowers
`18.
`19. Candace L. Bradshaw
`Jymese Bradshaw
`20.
`21.
`Loretta Bradshaw
`22. Brenda Branch
`23. Rita Britt
`24. Karen F. Clemons
`25. Alfred Cole
`Ericka Cornick
`26.
`27. Angelia M. Cross
`Patricia Davis
`28.
`29.
`Stephen A. Davis
`30.
`Emma Diggs
`31. Debra E. Dillard
`Therman L. Dillard
`32.
`33.
`Loretta Douglas
`34.
`Tasha Douglas
`35. Karen T. Earls
`Eura A. Eley
`36.
`37.
`LeeAnn Eley
`38. Kimberly Elliot
`39. Virginia Epps Street
`40. Garrett Eure
`41. Marian F. Evans
`Lucy Everette
`42.
`43.
`Tarria L. Everrett
`
`

`

`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 8 of 10 PageID# 8
`
`Shamara Falkins
`44.
`Elexus S. Fenner
`45.
`Felicia Fenner
`46.
`47. Bridget R. Flythe
`Towanna Flythe
`48.
`49.
`Tabatha F. Garris
`50. Doris Gay
`51. Anette Giles
`Shirley Godette
`52.
`53.
`Evelyn Goodman
`54.
`Sherry Goodman
`55.
`Jereline Goodwin
`56.
`Latrice Graham
`57.
`Phillys Grant
`58.
`Trivonia Greene
`59. Donisha Harris
`Shirl V. Harris
`60.
`61.
`Patricia Harrison
`62. Wayne Hart
`Teresa Hatch
`63.
`64. Rosalinda Hendricks
`Shelly Holden
`65.
`66.
`Linda Hunter
`67.
`Tonya Hunter
`68. Antwan Joe
`69. Nicole Johnson
`70. Kassidi L. Johnson
`71. Calvetta L. Jones
`72. Debra R. Jones
`Tiffany Jones
`73.
`74. Dorothy Jordan
`75. Chiquita M. Joyner
`Josephine Joyner
`76.
`77.
`Lasonya D. Joyner
`78. Monica P. Keeling
`79. Marquette M. Keeling
`80. Geraldine Key
`81. Brittany Knight
`82. Dionja U. Lane
`Jaceria Lankford
`83.
`84.
`Jada Lankford
`85. Audrey H. Lee
`86. Alexis Lewis
`Shirley Long
`87.
`88. Viola Lovell
`
`

`

`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 9 of 10 PageID# 9
`
`James Mallory
`89.
`Shondarra McClenny
`90.
`Loreal McDonald
`91.
`Eva McLaughlin
`92.
`Erica S. Murphy
`93.
`94. Dasha L. Newsome
`95. Monoca Newsome
`96. Helena Person
`Loretta Peterson
`97.
`98. Carzette Phelps
`99. Alexis Phipps
` Bridgitte D. Picot
`100.
`101.
` Hyesha Pope
`102.
` Joyce K. Ralph
`
`103.
` LaToya M. Rawlings
`104.
` Denashia Ridley
`105.
` Nicole Santiful
`106.
` Muriel F. Seaborn
`107.
` Shaniya Slade
`108.
` Darlene Smith
`109.
` Delores W. Smith
`110.
` Loretta Smith
`111.
` Michealla Smith
`112.
` Quiaira Smith
`113.
` Stanley Smith
`114.
` Tracy Smith
`115.
` Tammy P. Stephens
`116.
` Addie J. Sykes
`117.
` Doris Sykes
`118.
` LaShandice Sykes
`119.
` Sabrina L. Tanner
`120.
` LaRosa Thomas
`121.
` Nikesha Thomas
`122.
` Gladys Thompson
`123.
` Sherita Thorpe
`124.
` Angie Turner
`125.
` Kathie L. Tyler
`126.
` Kimberli Vaughan
`127.
` Joam D. Vinson
`
`128.
` Cynthia Warren
`129.
` Tiffany Warren
`130.
` Laquonda Washington
`131.
` Adrian Watson
`132.
` Beatrice Whitehead
`133.
` Demetrice Wiggins
`
`

`

`Case 2:22-cv-00310 Document 1 Filed 07/15/22 Page 10 of 10 PageID# 10
`
`134.
`135.
`136.
`137.
`138.
`
` Jocelyn Wiggins
`
` Chaka Williams
` Gwendolyn Woodley
` Judy Woodley
`
` Maricole A. Wright
`
`
`
`
`
`
`