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WELDING v. BIOS CORP.

No. 02-5068.

353 F.3d 1214 (2004)

T. Maria Welding; Mark A. Cooper; Vicki (Morrow) Allsbrooks; Kathleen M. Smith; Andrea J. Williams; Robin Lewis; Annette Cubit; Valerie R. Titsworth; Hazel Ervin; Lashawnda Jones; Erma Morrow; Sheila Powell; Cordell Ricks; Elnita Taylor, Plaintiffs-Appellees, v. Bios Corporation, a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 6, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs: J. Daniel Morgan and Kristin L. Oliver of Gable & Gotwals, Tulsa, OK, for Defendant-Appellant.

Steven R. Hickman of Frasier, Frasier & Hickman, LLP, Tulsa, OK, for Plaintiffs-Appellees.

Before EBEL, HENRY, and MURPHY, Circuit Judges.

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...

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