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BAYADA NURSES v. DEPT. OF LABOR AND INDUS.

No. 67 MAP 2008.

8 A.3d 866 (2010)

BAYADA NURSES, INC., Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY, Appellee.

Supreme Court of Pennsylvania.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Thomas G. Collins , Harrisburg, Nicole L. Borda , Buchanan Ingersoll & Rooney, P.C., for Bayada Nurses, Inc.

Stephen Murray Schmerin , Pittsburgh, Kathryn McDermott Speaks , Jane Pomerantz , James A. Holzman , Harrisburg, PA Department of Labor & Industry, for Department of Labor and Industry.

Laura J. Lifsey , Joshua P. Rubinsky , Brodie & Rubinsky, P.C., for appellee amicus curiae, AARP PA AFL-CIO & Service Employees International Union.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice TODD.

A provision of the Pennsylvania Minimum Wage Act of 1968 (the "Act")1 exempts from the statute's minimum wage and overtime requirements employment for "[d]omestic services in or about the private home of the employer." 43 P.S. § 333.105(a)(2). A regulation promulgated by Appellee, Pennsylvania Department of Labor and Industry (the "Department"), defines "domestic services" as "[w]ork in or about...

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