John F. Rogers v. The City of Troy, New York David M. Grandeau, in His Official Capacity as City Manager of the City of Troy, New York

CALABRESI, Circuit Judge:

The plaintiffs appeal from a judgment of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge) dismissing their complaint for failure to state a claim under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. The issue on this appeal is. whether an employer can, without violating the FLSA, pay its employees later than the contractually agreed upon payday, if. that late payment is due to the employer’s good faith effort to make a permanent change in its pay schedule. We hold that an employer can make such a…