Fiona White v. Senior Health Care Services, No. 07-14466 (11th Cir. 2008)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ________________________ No. 07-14466 Non-Argument Calendar ________________________ ELEVENTH CIRCUIT MARCH 21, 2008 THOMAS K. KAHN CLERK D.C. Docket No. 06-80833-CV-DTKH FIONA WHITE, NORDIA GORDON, individually and on behalf of others similarly situated, Plaintiffs Appellants, JEAN E. BARREAU, et al., Plaintiffs, versus SENIOR HEALTH CARE SERVICES, INC., a Florida corporation formerly known as Straw Consulting, Inc., Defendant Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (March 21, 2008) Before BIRCH, DUBINA and BARKETT, Circuit Judges. PER CURIAM: We find no error in the district court s determination that the plaintiffs fall within the companionship services exemption to the Fair Labor Standards Act, 29 C.F.R. § 213(a)(15), because they conceded that in the words of their opposition to the defendant s motion for judgment on the pleadings they are companion services employees employed by [the defendant]. We do not find persuasive the plaintiffs attempt on appeal to qualify that and other similar statements as conceding only that the plaintiffs performed some companionship services, such that there might be an issue of fact as to whether they performed sufficient companionship services to fall within the Department of Labor s definition of companionship services. See 29 C.F.R. § 552.6. The judgment of the district court is therefore AFFIRMED. 2
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