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Brown v. Great Neck Park District

'Special' Park District Is Government Entity Beyond NYLL's Overtime, Wage Statement Clause

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MEMORANDUM AND ORDER Danielle Brown (“Plaintiff”) brings this action against Great Neck Park District (“Defendant”), alleging violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Defendant moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss Plaintiff’s NYLL claims. BACKGROUND1 Defendant is a “special district”2 for the town of North Hempstead that operates and controls public facilities such as tennis courts, pools, skating rinks, and parks. (See Compl. 7, ECF No. 1.) Defendant was established in 1916 under New York Town Law. (See Ex. D at 2, Kleinberg Decl., ECF No. 20-4.) Defendant has no taxation power but derives its funding from both taxes collected by North Hempstead as well as revenues from services and programs Defendant offers to residents of Nassau County. (See Ex. C at 2, 10, Kleinberg Decl., ECF No. 20-3.) Plaintiff has worked for Defendant since 2012 performing various duties, including serving as a cashier and scheduler. (Compl. 6.) Plaintiff claims that she should have been paid the rate a scheduler receives when she served as a scheduler, but never received that rate. (Id.

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