A 501(c)(3) organization that operates soup kitchens, emergency shelters, and housing programs has not been shown to be subject to the Fair Labor Standards Act when two maintenance workers in its housing program failed to allege facts sufficient to show the organization was an enterprise involved in commerce or that they engaged in commerce themselves. The maintenance workers claimed that they were owned overtime for answering emergency pages to fix problems outside of regular work hours and for the time they spent “on call” while holding pagers on off hours. A federal District Court in New York has ruled that they failed to plead facts bringing them under the protection of the Act. To be...