Nellis v. G.R. Herberger Revocable Trust

ORDER

WAKE, District Judge.

The parties’ cross-motions for summary judgment pose the question whether Plaintiff Melanie Nellis, a licensed practical nurse, is entitled to overtime pay under § 207(a)(1), 29 U.S.C. § 207(a)(1), of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (“FLSA”), for caring for Katherine Herberger, a beneficiary of Defendant G.R. Herberger Revocable Trust. There is no genuine dispute as to the material facts so the case turns on the meaning of the “companionship services” exemption from the FLSA, 29 U.S.C. § 213(a)(15) and 29 C.F.R. § 552.6, and of the “trained…