MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.

Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in conjunction with Major League Baseball’s 2013 All-Star Week and held at the Javits Center in New York City—is an “establishment” for purposes of the FLSA’s seasonal amusement or recreational establishment exemption, 29 U.S.C. § 213(a)(3).

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