A group of certified nursing assistants can move forward with a prospective Fair Labor Standards Act class action against an assisted living facility over claims they weren’t paid enough overtime or compensated for meal breaks.

A split U.S. Court of Appeals for the Third Circuit panel affirmed a decision by U.S. District Judge Noel Hillman denying SCO Silver Care Operations’ request to dismiss the case, or alternatively to stay proceedings while arbitration is conducted.

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