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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47170 Judge Castel PLAINTIFF ALLEGED violations of federal and state minimum wage and overtime laws, contending that for approximately two and a half years she was employed by defendants as their live-in domestic worker for 119 to 133 hours per week, with virtually no days off. Plaintiff alleged that, in return, defendants paid her at the rate of approximately 22 cents per hour for the first eight months of employment and a total of approximately $50 for the remaining 17 months of work. Plaintiff moved for partial summary judgment, contending that there is no genuine dispute as to the existence of an employee/employer relationship under the Fair Labor Standards Act (FLSA) or New York Labor Law. The instant court granted plaintiff’s motion on the issue of her status as an employee under the FLSA and New York Labor Law, concluding that the services provided by plaintiff were neither irregular nor intermittent and that neither the FLSA nor the state exemption for “casual” or “part-time” babysitters applies.

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