Brown v. N.Y.C. Dep't of Educ., No. 13-139 (2d Cir. 2014)Annotate this Case
Plaintiff appealed from the district court's grant of summary judgment in favor of defendants on plaintiff's federal claim for relief under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq. The court declined to review plaintiff's lack of notice claim. The court concluded that the totality of the circumstances, even when viewed in the light most favorable to plaintiff, compelled the legal conclusion that he rendered services at a high school as a public agency volunteer, thereby exempting the DOE from the minimum and overtime wage requirements of the FLSA. Accordingly, the court affirmed the district court's grant of summary judgment, and the court concluded that the district court acted within its discretion in dismissing plaintiff's New York Labor Law claim without prejudice to refiling in state court.