PEREZ v. CITY OF NEW YORK

Docket No. 15-315 August Term, 2015.

832 F.3d 120 (2016)

Henry PEREZ, Baselice Ralph, Juan Bayron, Jerry Cordero, Ronald Eason, Donald Koonce, Joseph Oro, Ruben Rios, Jr., Pedro Rosado, and Derek G. Walther, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. The CITY OF NEW YORK, Mayor Bill de Blasio, The New York City Department of Parks & Recreation, and Mitchell J. Silver, in his official capacity as Commissioner of the Department of Parks & Recreation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: January 22, 2016.

Decided: August 2, 2016.


Attorney(s) appearing for the Case

James Reif ( Amelia K. Tuminaro , on the brief), Gladstein, Reif & Meginniss, LLP, New York, NY, for Plaintiffs-Appellants.

Devin Slack , of counsel, for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Rachel Goldberg , Senior Attorney ( Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, Mary E. McDonald , Senior Attorney, on the brief), for M. Patricia Smith , Solicitor of Labor, U.S. Department of Labor, Washington, DC, for Amicus Curiae the Secretary of Labor in support of Plaintiffs-Appellants.

Before: SACK, CHIN, and LOHIER, Circuit Judges.


The Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq., regulates the manner in which many New York City employees must be paid. The statute defines certain employment-related activities as compensable and sets parameters for both regular and overtime wages...

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