Opinion
No. 16-15838
03-24-2017
RICARDO AGUILA, and other similarly situated individuals, TERESA AGUILA, Plaintiffs - Appellants, v. CORPORATE CATERERS IV, INC., a Florida profit corporation Defendant, CORPORATE CATERERS II, INC., JIM GASS, individually, Defendants - Appellees.
[DO NOT PUBLISH] D.C. No. 1:15-cv-24350-KMM Appeal from the United States District Court for the Southern District of Florida Before ED CARNES, Chief Judge, ANDERSON and PARKER, Circuit Judges.
PER CURIAM:
Honorable Barrington D. Parker, Jr., United States Circuit Judge for the Second Circuit, sitting by designation. --------
Having carefully considered the written submissions and the arguments of the parties and of the amicus curiae, we conclude that there is no free standing claim for relief under section 203(m) of the Fair Labor Standards Act, 29 U.S.C. § 203(m), where, as here, there is no allegation that the employer does not pay the minimum wage. Accordingly, the judgment of the district court is
AFFIRMED.