[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 21, 2008
No. 07-14466
THOMAS K. KAHN
Non-Argument Calendar
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.
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