Tokhtaman v. Human Care, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered August 23, 2016, which denied defendant Human Care, LLC’s motion to dismiss the complaint, unanimously affirmed, without costs.
Defendants are not entitled to dismissal of the minimum wage, overtime, and failure to pay wages claims. The merit of these claims depends on whether plaintiff, who was employed by defendants as a home health care attendant, falls within the category of employees who need only be paid for 13 hours of every 24-hour shift. We find that plaintiff has sufficiently alleged that she does not fall within…
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- Visiting Nurse Service of New York Home Care v. New York State Department of HealthNew York Court of Appeals · 2005
- Second Source Funding, LLC v. Yellowstone Capital, LLCAppellate Division of the Supreme Court of the State of New York · 2016
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- Matter of People of the State of N.Y. v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2024
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