Harold YOURMAN, Ralph Bishop, William H. Dworkin, Frederick Ewald, John L. Henderickson, Richard Krepela, Robert P. McCarthy, Frank Meyer, Anthony Punzi, and Ronald L. Savitt, on behalf of themselves and all other employees similarly situated, Plaintiffs-Appellees-Cross-Appellants,
v.
David N. DINKINS, as Mayor of the City of New York, the New York City Housing Authority, the Board of Education of the City of New York, the City School District of the City of New York, and the New York City Health and Hospitals Corporation, Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 1, 1996.
Decided May 31, 1996.
Attorney(s) appearing for the Case
Timothy J. O'Shaughnessy, Office of the Corporation Counsel, New York City (Paul A. Crotty, Corporation Counsel, Kristin M. Helmers, Office of the Corporation Counsel, New York City, on the brief), for defendants-appellants-cross-appellees.
Edward M. Scher, Asst. Atty. Gen., Albany, N.Y. (Dennis C. Vacco, N.Y. State Atty. Gen., Victoria A. Graffeo, Peter H. Schiff, Office of the N.Y. State Atty. Gen., Albany, N.Y., on the brief), for amici curiae State of New York.
Joan Stern Kiok, New York City (Robert N. Felix, New York City, on the brief), for plaintiffs-appellees-cross-appellants.
(James E. Doyle, Atty. Gen., Richard Briles Moriarty, Asst. Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, submitted a brief, for amicus curiae State of Wisconsin).
(Arthur A. Hartinger, Liebert, Cassidy & Frierson, San Francisco, Cal., Louise H. Renne, Jonathan V. Holtzman, Darren W. Lee, City Atty.'s Office, San Francisco, Cal., submitted a brief, for amici curiae National League of Cities, et al.).
(Richard Schoolman, Brooklyn, N.Y., submitted a brief for amicus curiae New York City Transit Authority).
(Richard E. Casagrande, Lisa M. King, Albany, N.Y., submitted a brief, for amicus curiae New York State Public Employees Federation, AFL-CIO).
Before: NEWMAN, Chief Judge, FEINBERG and OAKES, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM.
This appeal presents an issue that continues to divide the federal courts: how to apply in the public sector the Department of Labor's "salary basis" test, which is used to determine whether employees are managers and consequently not covered by the wage and overtime provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219 (1994). Some courts have ruled that the "salary basis" test is not met and employees are therefore protected...
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