Ricardo Aguila, et al v. Corporate Caterers II, Inc., et al

Filing

Opinion issued by court as to Appellants Ricardo Aguila and Teresa Aguila. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-15838

Date Filed: 03/24/2017

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-15838
________________________
D.C. No. 1:15-cv-24350-KMM
RICARDO AGUILA,
and other similarly situated individuals,
TERESA AGUILA,
Plaintiffs - Appellants,
versus
CORPORATE CATERERS IV, INC.,
a Florida profit corporation
Defendant,
CORPORATE CATERERS II, INC.,
JIM GASS,
individually,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(March 24, 2017)

Case: 16-15838

Date Filed: 03/24/2017

Page: 2 of 2

Before ED CARNES, Chief Judge, ANDERSON and PARKER, * Circuit Judges.
PER CURIAM:
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.

*

Honorable Barrington D. Parker, Jr., United States Circuit Judge for the Second Circuit,
sitting by designation.
2