U.S. Court of Appeals for the Second Circuit
Fair Labor Standards Act
Overtime Wages — Volunteer Exception
Brown v. NYC Dep’t of Educ.
Judges Pooler, Raggi and Wesley
Background: The plaintiff appealed from the award of summary judgment in favor of the defendant on the ground that as a public agency volunteer rather than as an employee, he was not entitled to minimum or overtime wages under the Fair Labor Standards Act.
Ruling: The Second Circuit affirmed. The court noted that the Department of Labor has defined “volunteer” through its regulations. The plaintiff has admitted that his position was for civic and humanitarian reasons, but it was not the sole reason for his position. However, the statutes and regulations did not contemplate that, for the volunteer exception to apply, that such a reason must be the sole reason.
Chinyere Okoronkwo for the plaintiff-appellant; Larry A. Sonnonshein and Kathy H. Chang, corporation counsel, for the defendants-appellees