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United States Second Circuit


Chen v. Major League Baseball Properties, Inc., 14-1315

In a putative class action under the Fair Labor Standards Act (FLSA), alleging violations of the minimum wage provisions of the FLSA arising from plaintiff's work as an unpaid volunteer at FanFest, a five-day "interactive baseball theme park" organized in conjunction with Major League Baseball's 2013 All-Star Week, the district court's dismissal of the claims is affirmed where: 1) for purposes of the amusement or recreational establishment exemption, 29 U.S.C. section 213(a)(3), the term "establishment" means a distinct, physical place of business; and 2) the exemption applies to FanFest.

Appellate Information

  • Decided 08/14/2015
  • Published 08/14/2015

Judges

  • POOLER

Court

  • United States Second Circuit

Counsel

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