Yeend v. Akima Global Services, LLC, 1:20-cv-01281

Plaintiffs are former civil immigration detainees at the Buffalo Federal Detention Facility (BFDF), operated by Akima Global Services (AGS) under contract with ICE.
Plaintiffs participated in a Voluntary Work Program (VWP) while detained and were paid $1/day—the minimum set by ICE guidelines, but argue they are entitled to New York minimum wage under NYLL.
Plaintiffs brought class claims for violations of the New York Labor Law (NYLL), the Trafficking Victims Protection Reauthorization Act (TVPRA), and unjust enrichment.
On March 31, 2025, the court denied AGS’s motion for summary judgment on the NYLL claims, among others, and certified classes for each asserted claim.
AGS moved to certify for interlocutory appeal the order denying summary judgment as to the NYLL claims, challenging whether federal detainees are covered by state labor law, and sought a stay of proceedings during the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does NYLL apply to federal immigration detainees?	Yes; detainees not excluded by law; statute’s plain language and history support inclusion.	No; NYLL does not apply to federal detainees; FLSA exemptions and policy reasons.	Issue is a novel pure legal question appropriately certified for appeal.
Is there substantial ground for difference of opinion?	Yes; this is an unsettled, novel issue of state law.	Yes; first impression, conflicting possible interpretations.	There is a substantial ground for difference; criterion met.
Would interlocutory appeal materially advance litigation?	Yes; outcome could streamline or eliminate large, complex class litigation.	Yes; could terminate claims for thousands, avoid unnecessary trial, efficiency.	Interlocutory appeal will materially advance litigation; criterion met.
Should the case be stayed during the interlocutory appeal?	No; would delay relief unnecessarily for plaintiffs.	Yes; judicial economy, avoid hardship and inefficiency.	Case is stayed pending appeal to prevent unnecessary proceedings.

Irizarry v. Catsimatidis, 722 F.3d 99 (2d Cir. 2013) (addresses the employer status test under FLSA and NYLL and their unsettled relationship)
Franze v. Bimbo Bakeries USA, Inc., 826 F. App’x 74 (2d Cir. 2020) (discusses the control test for employment status under NYLL)
Doninger v. Niehoff, 642 F.3d 334 (2d Cir. 2011) (explains interlocutory appeal certification standards under §1292(b))