BUFFALO (LN) — U.S. District Judge John L. Sinatra Jr. on Wednesday denied a motion for partial summary judgment, adopting a magistrate judge’s recommendation that the defense failed to demonstrate that a recent amendment to New York Labor Law Section 191 barred liquidated damages under the federal Fair Labor Standards Act.
The plaintiffs, Oretha Beh and Kimberly Balkum, filed the putative collective action in October 2019, alleging wage violations under the FLSA and New York Labor Law while working as home-care employees.
Defendants Community Care Companions Inc., Alexander J. Caro, and Mark Gatien moved for partial summary judgment on liquidated damages in June 2025, arguing the statutory penalty was inapplicable due to the May 9, 2025, amendment to Section 191 of the New York Labor Law.
In a report and recommendation issued in March 2026, Magistrate Judge Michael J. Roemer advised denying the motion. The defendants objected, arguing the magistrate judge improperly interpreted the language and intent of the amendment.
Sinatra conducted a de novo review of the objections and accepted Roemer’s findings. In a footnote, the district judge noted he was particularly persuaded by the statutory-context argument advanced by the plaintiffs.
The court denied the motion for partial summary judgment and referred the matter back to Magistrate Judge Roemer for further proceedings.
Defendants Interim HealthCare of Rochester Inc. and James Watson have not appeared.