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ROGERS v. CITY OF TROY, NEW YORK

No. 2023, Docket 97-7120.

148 F.3d 52 (1998)

John F. ROGERS, et al., Plaintiffs-Appellants, v. The CITY OF TROY, NEW YORK; David M. Grandeau, in his official capacity as City Manager of the City of Troy, New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 22, 1998.

Attorney(s) appearing for the Case

Mark T. Walsh, Gleason, Dunn, Walsh & O'Shea, Albany, NY, for Plaintiffs-Appellants.

Patrick Morphy, Troy, NY (Richard T. Morrisey, Deputy Corp. Counsel for City of Troy, on brief), for Defendant-Appellee.

Before: MESKILL, CALABRESI, Circuit Judges, and KOELTL, District Judge.

CALABRESI, Circuit Judge:

The plaintiffs appeal from a judgment of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge) dismissing their complaint for failure to state a claim under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. The issue on this appeal is whether an employer can, without violating the FLSA, pay its employees later than the contractually agreed upon payday, if that...

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