NESBITT v. FCNH, INC.

No. 17-1084.

908 F.3d 643 (2018)

Rhonda NESBITT, individually, and on behalf of all others similarly situated, Plaintiff-Appellant, v. FCNH, INC.; Virginia Massage Therapy, Inc.; Mid-Atlantic Massage Therapy, Inc.; Steiner Education Group, Inc.; Steiner Leisure Ltd.; Seg Cort LLC, d/b/a Steiner Education Group, Defendants-Appellees, and National Employment Lawyers Association and Economics/Business Professors (William H. Kaempfer, Nadelle Grossman, Paula Cole, and Miriam Cherry), Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED November 9, 2018.


Attorney(s) appearing for the Case

David H. Miller (and Adam Harrison of Sawaya & Miller Law Firm, on the briefs), Denver, Colorado, for Plaintiff-Appellant.

Todd Wozniak of Greenberg, Traurig, L.L.P., Atlanta, Georgia (and Jeffrey M. Lippa of Greenberg, Traurig, L.L.P., Denver, Colorado, with him on the brief), for Defendants-Appellees.

Scott A. Moss of Moss Law Practice and Hunter A. Swain of King & Greisen, L.L.P., Denver, Colorado, for Amici Curiae.

Before McHUGH, KELLY, and MORITZ, Circuit Judges.


Plaintiff-Appellant Rhonda Nesbitt is a former massage therapy student who attended a for-profit vocational school operated by Defendants-Appellees ("Steiner"). Ms. Nesbitt, on behalf of a class of former students, brought suit claiming the students qualified as employees of Steiner under the Fair Labor Standards Act (FLSA...

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