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LEVINE v. UNITY HEALTH SYSTEM

No. 11-CV-6321L.

847 F.Supp.2d 507 (2012)

Jody LEVINE, Frank Carson, Lena Kieliszak, On behalf of themselves and all others similarly situated, Plaintiffs, v. UNITY HEALTH SYSTEM, Warren Hern, Mary Alice Keller, Defendants.

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

March 6, 2012.

Attorney(s) appearing for the Case

Robert L. Mullin , Ferr and Mullin, Fishers, NY, for Plaintiffs.

Daniel J. Moore , Kyle William Sturgess , Harris Beach PLLC, Pittsford, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

The three named plaintiffs, on behalf of a class alleged to be similarly situated, bring this action against defendants, Unity Health Systems and two of its officers (collectively "Unity"), alleging that Unity violated the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA") and New York Labor Law § 650 et seq., by misclassifying the plaintiffs as exempt...

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