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E. MICHELLE ANDERSON v. PHOENIX HEALTH CARE INC.
State: New Jersey
Court: Court of Appeals
Docket No: a2607-10
Case Date: 11/16/2011
Plaintiff: E. MICHELLE ANDERSON
Defendant: PHOENIX HEALTH CARE INC.
Preview:a2607-10.opn.html

N.J.S.A. 34:11-56a1 to -56a30. "> Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2607-10T2

E. MICHELLE ANDERSON, ANNIE OLANDRIA, ROSA NEWCOMBE and TASWIYAH RAOOF, Individually and on Behalf of All Others Similarly Situated, As Class Representatives,

Plaintiffs-Appellants,

v.

PHOENIX HEALTH CARE, INC., KATHLEEN CARROLL and STEVEN CARROLL,

Defendants-Respondents. _____________________________________________________

file:///C|/Users/Peter/Desktop/Opinions/a2607-10.opn.html[4/20/2013 3:30:09 PM]

a2607-10.opn.html

November 16, 2011 Submitted September 13, 2011 - Decided

Before Judges Fisher and Nugent.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-5282-08.

Blau Brown & Leonard, LLC, attorneys for appellants (Shelly A. Leonard, on the brief).

Fox Rothschild LLP, attorneys for respondents (Mark E. Tabakman, of counsel; Mr. Tabakman and Keith A. Reinfeld, on the brief).

PER CURIAM

Plaintiffs are registered nurses formerly employed by defendants Phoenix Health Care, Inc., Kathleen Carroll and Steven Carroll. In this appeal, we consider -- and reject -- plaintiffs' argument that, as registered nurses, they were entitled overtime compensation pursuant to the New Jersey Wage and Hour Law (NJWHL), N.J.S.A. 34:11-56a1 to -56a30. Plaintiffs' claims were first asserted in 2007 when they filed a civil action in the United States District Court for the District of New Jersey. Plaintiffs alleged, on their own behalf as well as others similarly situated, an entitlement to relief pursuant to the Fair Labor Standards Act, 29 U.S.C.A.
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