*2 Before ED CARNES, Chief Judge, ANDERSON and PARKER, ^[*] Circuit Judges. PER CURIAM:

Having carefully considered the written submissions and the arguments of the parties and of the amicus curiae , we conclude that there is no free standing claim for relief under section 203(m) of the Fair Labor Standards Act, 29 U.S.C. § 203(m), where, as here, there is no allegation that the employer does not pay the minimum wage. Accordingly, the judgment of the district court is

AFFIRMED.

[*] Honorable Barrington D. Parker, Jr., United States Circuit Judge for the Second Circuit, sitting by designation. 2