Calif. Court Revives Former Lincare Workers' OT Suit

Law360, New York (April 29, 2009, 12:00 AM EDT) -- A California appeals court has revived a proposed overtime class action brought by former service representatives at Lincare Inc., finding that the company — which provides in-home respiratory services — has not adequately proven that the motor carrier exemption applies to the workers.

The Court of Appeal of the State of California, Fourth Appellate District, on Tuesday partially reversed the summary judgment ruling against the three named plaintiffs and remanded the overtime questions to the trial court.

As service representatives, the former workers' duties included driving...
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