Chen v. Major League Baseball Properties, Inc., No. 14-1315 (2d Cir. 2015)Annotate this Case
Plaintiff filed suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., against defendants, alleging that he worked without pay as a volunteer for FanFest, a five‐day “interactive baseball theme park” organized in conjunction with Major League Baseball’s 2013 All‐Star Week. The district court dismissed plaintiff's putative FLSA collective action claims and declined to exercise supplemental jurisdiction over his would‐be New York Labor Law, 190 et seq., & 650 et seq., claims. The court concluded that the term “establishment” for purposes of the amusement or recreational establishment exemption to the FLSA means a distinct, physical place of business, agreed with the district court that the exemption applies to FanFest, and did not reach the question of whether plaintiff was an employee. Accordingly, the court affirmed the judgment.