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FACULTY STUDENT ASSN v. ROSS

54 N.Y.2d 460 (1981)

In the Matter of The Faculty Student Association of the State University of Oneonta, Inc., Respondent, v. Philip Ross, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for appellant.

John P. MacArthur for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

The question presented on this appeal is whether petitioner's nonstudent employees are entitled to payment of the minimum wage under article 19 of the Labor Law. We hold today that these employees are not excepted from the broad definition of "employees" contained in subdivision 5 of section 651 of the Labor Law, and thus are entitled to be paid the minimum wage.

Petitioner, the Faculty...

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