Perez v. City of New York

832 F.3d 120 (2016)

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Perez v. City of New York

United States Court of Appeals for the Second Circuit
832 F.3d 120 (2016)

Facts

New York City (the city) (defendant) employed Henry Perez and others as assistant urban park rangers (the AUPRs) (plaintiffs). AUPRs performed services in the city’s public parks, including assisting the public and issuing summons and making arrests of those suspected of illegal activity. The city required AUPRs to wear a uniform consisting of specific professional clothing and equipment. The professional clothing resembled a traditional park-ranger outfit, and the equipment included a bulletproof vest and a utility belt for holding handcuffs, mace, gloves, a radio, a flashlight, and a baton. The city did not pay AUPRs for time spent donning and doffing their uniforms, which took between five and 30 minutes each day. The AUPRs sued the city for unpaid wages under the Fair Labor Standards Act (FLSA). The district court concluded that the donning and doffing activities were not compensable as a matter of law and granted summary judgment for the city. The AUPRs appealed.

Rule of Law

Issue

Holding and Reasoning (Sack, J.)

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