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WETZEL SERVS. v. INDUS. BD.

252 A.D.2d 212 (1998)

682 N.Y.S.2d 304

In the Matter of Scott Wetzel Services, Inc., Petitioner, v. New York State Board of Industrial Appeals et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 24, 1998

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, Albany (Beth A. Bourassa of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, New York City (Richard Balletta of counsel), for respondents.

MIKOLL, J. P., MERCURE, YESAWICH JR. and PETERS, JJ., concur.

WHITE, J.

The issue we confront in this proceeding is whether certain employees of petitioner are employed in an administrative capacity and thus are exempt from the overtime pay requirements set forth in the Fair Labor Standards Act of 1938 ([hereinafter FLSA] 29 USC § 201 et seq.).* Petitioner is a nationwide company with a branch office in the City of Albany which...

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