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ALMEIDA v. AGUINAGA

No. 06 CIV 3923 LLS.

456 F.Supp.2d 505 (2006)

Elza E. ALMEIDA, Plaintiff, v. Carlos AGUINAGA & Christina Aguinaga Bueno, Defendants.

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

October 12, 2006.

Attorney(s) appearing for the Case

Thomas & Thomas, LLC (Maria Isabel A.N. Thomas, of Counsel), Bonnaig & Associates (Denise K. Bonnaig, of Counsel), New York City, for Plaintiff.

Fryer & Ross LLP (Gerald E. Ross, of Counsel), New York City, for Defendants.

OPINION AND ORDER

STANTON, District Judge.

Plaintiffs claim under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (1998) (FLSA), against her former employers is dismissed because her pay exceeded the FLSA's minimum wage, and. because as a live-in domestic service employee she is statutorily excluded from the FLSA's provisions concerning time-and-a-half overtime pay.

Background

In 1990, Carlos and...

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