Anthony Guidera, a health coach and home health aid for Noom, filed a collective action against his former employer, claiming that the weight loss company violated federal and New York wage and hour law.
New York resident Anthony Guidera filed the Noom collective action on Nov. 30, 2022. He says that he was a Noom health coach and home health aid from July 2019 to June 2021, working five days a week from around 7 a.m. to 4 p.m.
From around March 2020 to June 2020, Guidera claims he was required to be on call 24 hours per day, seven days a week at a Florida residence owned by Mark Simon, the owner of Noom. From around July 2020 to June 2021, Guidera worked at Simon’s New York City residence.
According to Guidera, he performed a range of care services for Simon, including administering medication, helping him maintain hygiene, cooking and cleaning, running errands, answering the phone, dealing with emergencies and performing various household tasks.
For being on call 24 hours a day, seven days a week, Guidera says he was paid a flat salary of $450 to $500 per week.
...
Although on appeal the court distinguished that there was new information in the claim, the court ultimately found the new information was not material, nor was it plead with particularity. The U....