You are on page 1of 11

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 1 of 8

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS

MAISHA EMMANUEL, on behalf of herself


and all others similarly situated,
Civil Action No. ____________
Plaintiffs,
v.

JURY DEMANDED

HANDY TECHNOLOGIES, INC.,


Defendants.

I.

INTRODUCTION
1.

This case is brought on behalf of individuals who have worked for Handy

Technologies, Inc. (Handy) as cleaners anywhere in the United States (other than
California). Handy is a cleaning company that provides cleaners who can be
dispatched through a mobile phone application or website to clean customers homes
and perform other basic maintenance work.
2.

As described further below, Handy has misclassified Plaintiff and other

similarly situated cleaners as independent contractors and, in so doing, has violated the
federal Fair Labor Standard Act (FLSA), 29 U.S.C. 201 et seq., by failing to pay
them minimum wage for all time worked. Plaintiff brings this claim under the FLSA on
behalf of all similarly situated employees who may choose to opt in to this action
pursuant to 29 U.S.C. 216(b).
3.

Plaintiff Maisha Emmanuel further complains, pursuant to Rule 23 of the

Federal Rules of Civil Procedure, on behalf of herself and a class of other similarly
situated Handy cleaners who have worked in Massachusetts, that Defendant has

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 2 of 8

violated various provisions of Massachusetts law, including Mass. Gen. L. c. 149 148B
by misclassifying them as independent contractors, Mass. Gen. L. c. 149 148 for
failing to pay them all wages due and requiring them to pay expenses necessary to
perform their jobs, and Mass. Gen. L. c. 151 1 by failing to pay minimum wage.
Plaintiff Emmanuel, on behalf of all similarly situated Handy cleaners who have worked
in Massachusetts, seek restitution of all wages and all other relief to which they are
entitled.
II. PARTIES
4.

Plaintiff Maisha Emmanuel is an adult resident of Boston, Massachusetts,

where she has worked as a Handy cleaner in the Boston area since May 2015.
5.

Defendant Handy Technologies Inc. (Handy) is a Delaware corporation,

headquartered in New York, New York.


III.

JURISDICTION
6.

This Court has general federal question jurisdiction over plaintiffs FLSA

claims pursuant to 28 U.S.C. 1331 since the plaintiffs have brought a claim pursuant
to the federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
7.

This Court has jurisdiction over plaintiffs Massachusetts state law claims

pursuant to 28 U.S.C. Section 1367 since they are so related to their FLSA claims that
they form part of the same case or controversy.
8.
IV.

Venue is proper in this district under 28 U.S.C. 1391.

STATEMENT OF FACTS
9.

Handy is a cleaning service that provides cleaning in cities throughout the

country via an on demand dispatch system.


10.

Handy offers customers the ability to request and schedule a cleaner on a

mobile phone application or through its website.


11.

Handys website advertises that customers can Book expert home

cleaners and handymen at a moments notice. Just pick a time and well do the rest.
2

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 3 of 8

12.

Cleaners are paid hourly for the time they are scheduled to spend

cleaning. Their hourly wage may be raised or lowered depending on their performance.
Cleaners are not compensated for additional time they may spend cleaning beyond the
scheduled period of a given job or for time spent traveling between jobs.
13.

Although classified as independent contractors, Handy cleaners are

employees. They are required to follow detailed requirements imposed on them by


Handy, and they are graded, and are subject to termination, based on Handy discretion
and/or their failure to adhere to these requirements (such as rules regarding how they
must perform the cleaning work, when they are permitted to cancel a job, how long they
must spend at a given job, etc.)
14.

In addition, Handy is in the business of providing cleaning service to

customers, and that is the service that Handy cleaners provide. The cleaners services
are fully integrated into Handys business, and without the cleaners, Handys business
would not exist.
15.

However, based on their misclassification as independent contractors,

Handy cleaners are required to bear many of the expenses of their employment,
including expenses for their cleaning supplies.
16.

Some of these expenses for cleaning supplies are deducted from the

cleaners paychecks.
17.

For some weeks, Handy cleaners do not make minimum wage,

particularly when accounting for the amounts they pay for supplies. For example,
Plaintiff Maisha Emmanuel had to pay for an initial cleaning kit that she had to work
approximately six jobs (without pay) to pay for. She worked more than 30 hours her first
week of work but was only paid $14.

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 4 of 8

V.

THE NATIONWIDE COLLECTIVE ACTION


18.

Plaintiff brings the first cause of action on behalf of herself and all other

Handy cleaners who have worked for Defendant anywhere in the United States (other
than California), between three years since they brought this complaint and the date of
final judgment in this matter.
19.

Plaintiff brings this counts under 29 U.S.C. 216(b) of the Fair Labor

Standards Act. Plaintiff and other Handy cleaners are similarly situated in that they are
all subject to Handy common plan or practice of classifying cleaners as independent
contractors, and not ensuring that they receive at least the federal minimum wage for all
weeks worked.
VI.

THE MASSACHUSETTS RULE 23 CLASS


20.

Plaintiff Maisha Emmanuel brings the second and third causes of action

as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure on behalf
of all Handy cleaners who have worked for Handy in Massachusetts.
21.

Plaintiff and other class members have uniformly had to pay to perform

their jobs, by being required to pay for their own cleaning supplies. They have likewise
not been guaranteed to receive the full Massachusetts minimum wage.
22.

The members of the class are so numerous that joinder of all class

members is impracticable.
23.

Common questions of law and fact regarding Handy conduct in

classifying cleaners as independent contractors, failing to reimburse them for business


expenditures such as cleaning supplies, and failing to ensure they are paid at least
minimum wage for all weeks, exist as to all members of the class and predominate over
any questions affecting solely any individual members of the class. Among the
questions of law and fact common to the class are:
a. Whether class members have been required to follow uniform procedures and
policies regarding their work for Handy;
4

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 5 of 8

b. Whether the work performed by class membersproviding cleaning services


to customersis within Handy usual course of business, and whether such
service is fully integrated into Handys business;
c. Whether these class members have been required to bear the expenses of
their employment, such as expenses for their cleaning supplies.
24.

Named Plaintiff Maisha Emmanuel is a class member who suffered

damages as a result of Defendants conduct and actions alleged herein.


25.

The named plaintiffs claims are typical of the claims of the class, and the

named plaintiff has the same interests as the other members of the class.
26.

The named plaintiff will fairly and adequately represent and protect the

interests of the class. The named plaintiff has retained able counsel experienced in
class action litigation. The interests of the named plaintiff are coincident with, and not
antagonistic to, the interests of the other class members.
27.

The questions of law and fact common to the members of the class

predominate over any questions affecting only individual members, including legal and
factual issues relating to liability and damages.
28.

A class action is superior to other available methods for the fair and

efficient adjudication of this controversy because joinder of all class members is


impractical. Moreover, since the damages suffered by individual members of the class
may be relatively small, the expense and burden of individual litigation makes it
practically impossible for the members of the class individually to redress the wrongs
done to them. The class is readily definable and prosecution of this action as a class
action will eliminate the possibility of repetitive litigation. There will be no difficulty in the
management of this action as a class action.

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 6 of 8

COUNT I
Failure to Pay Minimum Wage in Violation of the FLSA
Defendants willful conduct in failing to ensure its employees receive the federal
minimum wage, and requiring its employees to pay for the expenses of their employment
(all of which contribute to them not receiving the federal minimum wage), violates the
FLSA, 29 U.S.C. 201, et seq. This claim is brought on behalf of a class of similarly
situated individuals who have worked for Handy anywhere in the country (other than
California) and may choose to opt in to this case, pursuant to 29 U.S.C. 216(b).
COUNT II
Violation of Mass. Gen. L. ch. 149 148 and 148B
As set forth above, Defendant has misclassified Handy cleaners in
Massachusetts as independent contractors, in violation of Mass. Gen. L. c. 149 148B.
As a result of this misclassification, cleaners have improperly been required to bear the
expenses of their employment (such as expenses for cleaning supplies), in violation of
Mass. Gen. L. c. 149 148. This claim is brought pursuant to M.G.L. c. 149, 150.
COUNT III
Violation of Massachusetts Minimum Wage Law
Defendants willful conduct in failing to ensure its employees receive the
Massachusetts minimum wage, and requiring its employees to pay for the expenses of
their employment (all of which contribute to them not receiving the Massachusetts
minimum wage), violates Mass. Gen. L. ch. 151 1. This claim is brought pursuant to
Mass. Gen. L. c. 151 20.

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 7 of 8

JURY DEMAND
Plaintiffs request a trial by jury on all of their claims.
WHEREFORE, Plaintiffs request that this Court enter the following relief:
a. Allow other similarly situated Handy cleaners to receive notice and
opportunity to opt-in to this case pursuant to 29 U.S.C. 216(b) of the Fair
Labor Standards Act;
b. Certify a class action pursuant to Rule 23(b)(2) and (3) under Count II and III
and appoint Plaintiff Maisha Emmanuel and her counsel to represent a class
of Handy cleaners who have worked in Massachusetts;
c. Declare and find that the Defendant violated FLSA, 29 U.S.C. 201, et seq.
by failing to pay Plaintiffs and other similarly situated cleaners the federal
minimum wage;
d. Declare and find that the Defendant violated Mass. Gen. L. ch. 149 148
and 148B, and Mass. Gen. L. ch. 151 1, by misclassifying Massachusetts
cleaners and failing to pay cleaners the minimum wage for all hours worked;
e. Award compensatory damages, including all expenses and wages owed, in
an amount according to proof;
f. Award all costs and attorneys fees incurred prosecuting this claim;
g. Award liquidated damages;
h. Interest and costs;
i.

Injunctive relief in the form of an order directing Defendant to comply with the
FLSA and Massachusetts state law;

j.

Such other relief as in law or equity may pertain.

Case 1:15-cv-12914-NMG Document 1 Filed 07/07/15 Page 8 of 8

Respectfully submitted,
MAISHA EMMANUEL, individually and on
behalf of all others similarly situated,
By their attorneys,
_/s/ Shannon Liss-Riordan____________
Shannon Liss-Riordan, BBO # 640716
Adelaide Pagano, BBO # 690518
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
(617) 994-5800
Email: sliss@llrlaw.com, apagano@llrlaw.com
Dated:

July 7, 2015

Case 1:15-cv-12914-NMG Document 1-1 Filed 07/07/15 Page 1 of 2

JS 44 (Rev. 12/12)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Maisha Emmanuel, on behalf of herself and all others similarly situated


(b) County of Residence of First Listed Plaintiff

Handy Technologies, Inc.


County of Residence of First Listed Defendant

Suffolk, Massachusetts

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)


Shannon Liss-Riordan and Adelaide Pagano
Lichten & Liss Riordan, 729 Boylston St, Suite 2000, Boston, MA 02116
(617) 994-5800

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

29 U.S.C. 201

VI. CAUSE OF ACTION Brief description of cause:


CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Shannon Liss-Riordan

07/07/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 12/12)

Case 1:15-cv-12914-NMG Document 1-1 Filed 07/07/15 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case 1:15-cv-12914-NMG Document 1-2 Filed 07/07/15 Page 1 of 1

You might also like