In a dispute involving the denial of overtime pay, district court grant of summary judgment for defendant is affirmed where defendant is not obligated to pay overtime under the Fair Labor Standards Act as the Act’s definition of “enterprise” refers to the activities performed by a public agency and does not extend to a private, non-profit, independent contractor associated by regulation and contract with a public agency.
Read Jacobs v. New York Foundling Hospital, No. 07-4354
Appellate InformationAppeal from the United States District Court for the Eastern District of New York. Argued: August 27, 2008Decided: August 11, 2009
JudgesBefore NEWMAN and CALABRESI, Circuit Judges.Per Curium Opinion
CounselFor Plaintiff: Jonathan A. Bernstein, Levy Davis & Maher, LLP, New York, N.Y.
For Defendant: Stephen J. Macri, New York, N.Y.
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