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United States Second Circuit


Jacobs v. New York Foundling Hospital, 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.

Appellate Information

  • Decided 08/11/2009
  • Published 08/11/2009

Judges

  • PER CURIAM:, Before:  NEWMAN and CALABRESI, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Jonathan A. Bernstein, Levy Davis & Maher, LLP, New York, N.Y., for Plaintiffs-Appellants.

  • For Appellees:
  • Stephen J. Macri, New York, N.Y. (Alexander Soric, Joseph B. Cartafalsa, Putney, Twombly, Hall & Hirson LLP, New York, N.Y., on the brief) for Defendant-Appellee.
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