Our first “Second Circuit Review” column ap-peared in the New York Law Journal on Nov. 20, 1985, so this year marks 30 years of monthly columns. So much has changed in the Second Circuit over the past three decades, though three judges continue to sit on the court: Amalya L. Kearse, Jon O. Newman and Ralph K. Winter. We look forward to our fourth decade of covering developments in the U.S. Court of Appeals for the Second Circuit.

This month, we discuss Chen v. Major League Baseball Properties,1 in which the Second Circuit considered the definition of “establishment” as it is used under an exemption in the Fair Labor Standards Act (FLSA), which exempts seasonal amusement and recreational establishments from the act’s minimum wage requirements. In its decision, written by Judge Rosemary S. Pooler and joined by Judges Susan L. Carney and John Gleeson of the U.S. District Court for the Eastern District of New York sitting by designation, the court concluded, in a matter of first impression in this circuit that Congress intended the term “establishment” for purposes of the exemption to mean “a distinct, physical place of business as opposed to an integrated multiunit business or enterprise.” In so ruling, the court affirmed the district court’s judgment dismissing the complaint for failure to state a claim.

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