Ricardo Aguila, et al v. Corporate Caterers II, Inc., et al, No. 16-15838 (11th Cir. 2017)

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Case: 16-15838 Date Filed: 03/24/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-15838 ________________________ D.C. No. 1:15-cv-24350-KMM RICARDO AGUILA, and other similarly situated individuals, TERESA AGUILA, Plaintiffs - Appellants, versus CORPORATE CATERERS IV, INC., a Florida profit corporation Defendant, CORPORATE CATERERS II, INC., JIM GASS, individually, Defendants - Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (March 24, 2017) Case: 16-15838 Date Filed: 03/24/2017 Page: 2 of 2 Before ED CARNES, Chief Judge, ANDERSON and PARKER, * Circuit Judges. PER CURIAM: Having carefully considered the written submissions and the arguments of the parties and of the amicus curiae, we conclude that there is no free standing claim for relief under section 203(m) of the Fair Labor Standards Act, 29 U.S.C. § 203(m), where, as here, there is no allegation that the employer does not pay the minimum wage. Accordingly, the judgment of the district court is AFFIRMED. * Honorable Barrington D. Parker, Jr., United States Circuit Judge for the Second Circuit, sitting by designation. 2

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