Velarde v. GW GJ, Inc., No. 17-330 (2d Cir. 2019)Annotate this Case
Plaintiff filed suit against the Academy, alleging violations of the Fair Labor Standards Act (FLSA) and Articles 6 and 19 of the New York Labor Law (NYLL). The Second Circuit affirmed the district court's grant of judgment on the pleadings. The court held that individuals enrolled in a for‐profit vocational academy, who are preparing to take a state licensure examination and who must first fulfill state minimum training requirements, fulfill those requirements by working under Academy supervision for a defined number of hours, without pay; the primary beneficiary test in Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528, 536‐537 (2d Cir. 2015), governs in the for‐profit vocational training context; and plaintiff, as a former student of the Academy, was the primary beneficiary of the relationship, thus excusing the latter from potential compensation obligations under FLSA or NYLL related to plaintiff’s limited work there as a trainee.