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BENJAMIN v. B & H EDUCATION, INC.

No. 15-17147.

877 F.3d 1139 (2017)

Jacqueline BENJAMIN, individually and on behalf of all others similarly situated; Bryan Gonzalez, individually and on behalf of all others similarly situated; Taiwo Koyejo, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. B & H EDUCATION, INC. Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2017.

Attorney(s) appearing for the Case

Bryan J. Schwartz (argued) and Logan Talbot , Bryan Schwartz Law, Oakland, California; Leon Greenberg and Dana Sniegocki , Law Office of Leon Greenberg, Las Vegas, Nevada; Chaya M. Mandelbaum and Michelle G. Lee , Rudy Exelrod Zieff & Lowe LLP, San Francisco, California; for Plaintiffs-Appellants.

Robert Lane Morris (argued), Soltman Levitt Flaherty & Wattles LLP, Thousand Oaks, California, for Defendants-Appellees.

Before: Mary M. Schroeder and Richard C. Tallman, Circuit Judges, and Robert H. Whaley, District Judge.

OPINION

Plaintiffs are students of cosmetology and hair design at schools in California and Nevada operated by defendant B&H Education, Inc., under the name of Marinello Schools of Beauty. Plaintiffs claim that they are employees within the meaning of the Fair Labor Standards Act ("FLSA"), and under California...

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