Home Care Co. Invokes Top Court Ruling In FLSA Suit

Law360 (July 12, 2007, 12:00 AM EDT) -- A home care service provider facing a proposed class action by workers wanting overtime has called on a judge to toss the case on the strength of a recent U.S. Supreme Court decision.

In its motion to dismiss filed Tuesday in the U.S. District Court for the Southern District of New York, Council for Human Services, Home Care Services Corp. said the top court's June 11 ruling in a similar case rendered the complaint “unsustainable.”

The lawsuit, filed by home care worker Gricelda Herrera in December...
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