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MARTIN v. ALL CARE REGISTRY, INC.

No. CV 92-5377.

822 F.Supp. 977 (1993)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff, v. ALL CARE REGISTRY, INC., a corporation, All Care Nursing Service Inc., a corporation, and William Halperin, individually and as President, Defendants.

United States District Court, E.D. New York.

June 7, 1993.

Attorney(s) appearing for the Case

United States Department of Labor by Mark Sheris, New York City, for plaintiff.

Lazer, Aptheker & Feldman by Robin S. Abramowitz, Melville, NY, for defendants.

WEXLER, District Judge.

The Secretary of Labor ("plaintiff") has brought suit against All Care Registry, Inc. ("All Care") and related defendants under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., claiming that 438 persons were employees of All Care and therefore entitled to overtime payments from defendants. The primary issue in the case is whether these 438 people were employees of All Care or independent contractors.

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