U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Jacobs v. New York Foundling Hospital, No. 07-4354

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 Information
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 Plaintiff: Jonathan A. Bernstein, Levy Davis & Maher, LLP, New York, N.Y.

For Defendant: Stephen J. Macri, New York, N.Y.