Noom collective action alleges employee not paid minimum, overtime wages

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Noom collective action overview:

• Who: A health coach and home health aid filed a collective action against Noom.
  Why: The worker asserts that Noom violated federal and New York wage-and-hour law. 
• Where: The Noom class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois, Western Division.

Anthony Guidera, a health coach and home health aid for Noom, filed a collective action against his former employer, claiming the weight-loss company violated federal and New York wage-and-hour law.

New York resident Anthony Guidera filed the Noom collective action Nov. 30. He says 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.

Noom collective action claims employee should have been paid hourly, given overtime

The Noom collective action lawsuit asserts Noom and Simon violated New York labor law in the way Guidera was paid. Allegedly, they did not give him a pay statement stating the correct gross pay received as required by New York Labor Law. He says that he was not required to keep track of his hours, nor was he ever given the legally required notices of his payment, date of payment and other information as required by New York Labor Law.

Allegedly, Guidera was paid below minimum wage because he regularly worked more than 40 hours a week. He states he should have received overtime pay at a rate of 1.5 times a regular hourly rate for the time he worked above 40 hours a week. However, his flat-rate payment structure did not include overtime pay, he explains.

In filing the Noom collective action lawsuit, Guidera seeks to represent a group of similarly affected individuals, who were also denied a regular hourly wage and were denied overtime. 

In related news, Noom recently settled class action claims alleging the company wrongly enrolled customers in auto-renewing subscriptions.

Do you believe you have ever been denied overtime pay? Tell us in the comments.

Guidera is represented by Joshua Levin-Epstein and Jason Mizrahi of Levin-Epstein & Associates PC.

The Noom collective action lawsuit is Anthony Guidera, et al. v. Noom Inc., et al., Case No. 1:22-cv-10143, in the U.S. District Court for the Southern District of New York.

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