To address the first question, the answer is that we cannot always be certain whether 20 percent is a controlling stake.

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But the court noted that the determination regarding exemption is one involving a controlling question of law, that there is substantial ground for difference of opinion, and that an immediate appeal from the order will materially advance the ultimate termination of the litigation.

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But the court said the determination regarding overtime exemption is one involving a controlling question of law, that there is substantial ground for difference of opinion, and that an immediate appeal would materially advance the ultimate termination of the litigation.

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