U.S. Court of Appeals for the Eleventh Circuit, 2008

Fiona White v. Senior Health Care Services

Fiona White v. Senior Health Care Services
U.S. Court of Appeals for the Eleventh Circuit · Decided March 21, 2008 · Birch, Dubina, Barkett
270 F. App'x 839

Fiona White v. Senior Health Care Services

Opinion

PER CURIAM:

We find no error in the district court’s determination that the plaintiffs fall within the “companionship services” exemption to the Fair Labor Standards Act, 29 U.S.C. § 213(a)(15), because they conceded that— in the words of their opposition to the defendant’s motion for judgment on the pleadings — they “are companion services employees employed by [the defendant].” We do not find persuasive the plaintiffs’ attempt on appeal to qualify that and other similar statements as conceding only that the plaintiffs performed some companionship services, such that there might be an issue of fact as to whether they performed sufficient companionship services to fall within the Department of Labor’s definition of “companionship services.” See 29 C.F.R. § 552.6.

The judgment of the district court is therefore

AFFIRMED.

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