Doyle v. City of New York

OPINION AND ORDER

JESSE M. FURMAN, District Judge:

This case presents a question that appears to be of first impression: whether someone who performs community service as a condition of an adjournment in contemplation of dismissal (“ACD”) of criminal charges qualifies as an “employee” for purposes of the Fair Labor Standards Act (the “FLSA” or “Act”), 29 U.S.C. § 201 et seq. Plaintiffs Aidan Doyle, Michael Smith, and William Paybarah, each of whom performed such service for the City *482of New York (the “City”) in exchange for dismissal of minor criminal charges pending in state court, argue that…