Legal Opinion

Welding v. Bios Corporation

Court of Appeals for the Tenth Circuit

Decided January 6, 2004No. 02-5068PublishedCited by 19 opinions

1Opinion of the Court

EBEL, Circuit Judge.

An employer is not required to pay overtime to an employee who provides companionship services to the aged or infirm in a private home. The plaintiff employees here provided services to developmentally disabled persons in a variety of living arrangements. In determining whether these living arrangements qualified as private homes, the district court analyzed the various living arrangements as a group rather than one-by-one. We conclude that this was error and, therefore, we reverse the district court’s ruling that, as a matter of law, the defendant employer is not entitled…

2Cases cited9 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Dannett Madison, on Behalf of Herself and Others Similarly Situated v. Resources for Human Development, Inc.Court of Appeals for the Third Circuit · 2000
  3. Spradling v. City of TulsaCourt of Appeals for the Tenth Circuit · 2000
  4. Don Schoenhals, B. Winston Munn, Leonard E. Essary, Rosa Essary v. Don Cockrum, D/B/A Sooner Inventory ServiceCourt of Appeals for the Tenth Circuit · 1981
  5. Terwilliger v. Home of Hope, Inc.District Court, N.D. Oklahoma · 1998

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3Cited by19 opinions

  1. Champagne Metals v. Ken-Mac Metals, Inc.Court of Appeals for the Tenth Circuit · 2006
  2. Magnus, Inc. v. Diamond State Insurance Co.Court of Appeals for the Tenth Circuit · 2013
  3. Lederman v. Frontier Fire Protection, Inc.Court of Appeals for the Tenth Circuit · 2012
  4. Evelyn Coke v. Long Island Care at Home, Ltd., and Maryann OsborneCourt of Appeals for the Second Circuit · 2004
  5. Rawls v. Augustine Home Health Care, Inc.District Court, D. Maryland · 2007

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