Hill v. Delaware North Co. Sportservice, No. 15-2109 (2d Cir. 2016)Annotate this Case
Plaintiffs worked at the concessions at Oriole Park, the home field of the Baltimore Orioles. Plaintiffs filed suit seeking overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. DNC Sportservice, the owner of the concessions, chose not to pay on the basis of an exemption under section 213(a)(3) of the FLSA, which exempts any amusement or recreational establishment. The court concluded that a concessions operator at a place of amusement or recreation qualifies in its own right as “amusement or recreational,” even though it does not directly provide the amusement or the recreation. The court concluded that, although the FLSA does not define “amusement or recreational,” the legislative history and an interpretative rule from the Department of Labor indicate that “concessionaires” at amusement or recreational establishments are themselves typical examples of such establishments. Using the common understanding and definition of “concessionaire,” the court held that an establishment at an amusement or recreational host that sells goods or services to the host’s customer’s for their consumption or use during the host’s amusement or recreational activities is a concessionaire that qualifies as an “amusement or recreational establishment” under FLSA. In this case, the court concluded that DNC Sportservice satisfied the receipts test to qualify for the exemption. Accordingly, the court affirmed the judgment of the district court granting summary judgment to DNC Sportservice.