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.
Appeal from the United States District Court for the Eastern District of New York.
Argued: August 27, 2008
Decided: August 11, 2009
Before NEWMAN and CALABRESI, Circuit Judges.
Per Curium Opinion
For Defendant: Stephen J. Macri, New York, N.Y.