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BALLARD v. COMMUNITY HOME CARE REFERRAL SERVICE, INC.

264 A.D.2d 747 (1999)

695 N.Y.S.2d 130

CAMILLA BALLARD, Appellant, v. COMMUNITY HOME CARE REFERRAL SERVICE, INC., Respondent, and ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor-Respondent.

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

Decided September 20, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff contends that she is entitled to 1½ times her regular hourly rate of pay for those hours she worked overtime while in the defendant's employ as a home health care aide. The Supreme Court properly denied those branches of the plaintiff's motion which were to dismiss the second and third affirmative defenses based on the plaintiff's alleged exempt status to receive...

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