CLIFTON, Circuit Judge:
Defendants Family Centered Services of Alaska ("FCSA") and its officers filed this interlocutory appeal challenging the district court's conclusion that FCSA's Therapeutic Family Homes ("Homes") are covered by the Fair Labor Standards Act ("FLSA") and are subject to its overtime provisions. We conclude that the Homes are not covered by that statute because they are not an "institution primarily engaged
Plaintiffs Loretta and Robert Probert and Plaintiffs-Intervenors Debra and Eric Cloninger, Donna and John Grimes, Gene and Sandra Grissom, and Kenneth and Leona McDaniels are married couples who worked as "house parents" in FCSA's Homes. Each Home housed up to five children. All the children were "severely emotionally disturbed" as defined by the Alaska law that qualifies the Homes for Medicaid funding, 7 Alaska Admin. Code § 43.471, and each of the children had at least one diagnosed mental disorder under Axis-I of the current Diagnostic and Statistical Manual of Mental Disorders. The children attended local public schools and participated in other activities away from the Homes. The children participated in group therapy conducted by clinicians in the Homes, but received most of their medical and psychological treatment outside the Homes. Plaintiffs were not licensed medical or social service professionals.
Plaintiffs sued FCSA for overtime pay under the FLSA.
After denying FCSA's motion for reconsideration, the district court certified both orders for an immediate appeal under 28 U.S.C. § 1292(b). We granted FCSA permission to appeal.
The FLSA sets a national minimum wage, 29 U.S.C. § 206(a)(1), and requires overtime pay of one and a half times an employee's hourly wage for every
In 1966, however, Congress amended the FLSA to bring certain kinds of non-profit institutions within the scope of "enterprise" coverage. Under the relevant amendment, "`[e]nterprise' means ... activities performed ... by any person or persons for a common business purpose." Id. § 203(r)(1). Activities are deemed to have a business purpose when they are performed
Id. § 203(r)(2)(A). The amendment further provides that such an institution qualifies as an "[e]nterprise engaged in commerce or in the production of goods for commerce." Id. § 203(s)(1)(B). Institutions covered by these provisions are therefore subject to FLSA's minimum wage and overtime requirements even if they are operated not for profit.
Plaintiffs argue that each of the FCSA Homes in which they worked is covered by the statute as "an institution primarily engaged in the care of ... the mentally ill ... who reside on the premises of such institution."
The first reason is that the Homes were not "primarily engaged" in providing "care," as that term is used in the statute. The statute refers to "care" in relation to groups with special needs, namely "the sick, the aged, the mentally ill or defective." 29 U.S.C. § 203(r)(2)(A). As such, we understand "care" in this context to include something more like treatment. What the Homes primarily provided, as their name suggests, was a home or a residence. As noted above, the children attended school, engaged in activities, and received most of their medical and psychological treatment from medical and mental health professionals outside the Homes. Obviously, for children a home should be more than simply a place to live, and the children presumably benefitted from Plaintiffs'
The language of the statute clearly suggests a covered institution must provide more than the general care of a residence. In addition to requiring that the institution's patrons "reside on the premises of [the] institution," the institution must provide "care" of the type that is provided to "the sick, the aged, the mentally ill or defective." If residing on the premises were enough by itself to define the given premises as covered by the statute, then the requirement that the institution be "primarily engaged" in the "care" of the individuals residing there would be superfluous. We are to avoid interpreting a statute in that manner. See TRW Inc. v. Andrews, 534 U.S. 19, 31, 122 S.Ct. 441, 151 L.Ed.2d 339 (2001) ("It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant." (internal quotation marks omitted)).
Second, the Homes do not appear to us to be "institutions" as that term is used in this statute. Around the time the 1966 amendment was drafted, the Oxford English Dictionary offered the following definition of "institution":
5 Oxford English Dictionary 354 (1933, reprinted 1961). The FCSA Homes do not fit well within that definition.
Nor do the Homes fit well with the neighboring parts of the relevant statute. They are not very much like
29 U.S.C. § 203(r)(2)(A).
In ascertaining the meaning of an ambiguous term, "we may use canons of construction, legislative history, and the statute's overall purpose to illuminate Congress's intent." Ileto v. Glock, Inc., 565 F.3d 1126, 1133 (9th Cir.2009) (internal quotation marks omitted). One of those canons of statutory construction is noscitur a sociis, which counsels that an ambiguous term "is given more precise content by the neighboring words with which it is associated." United States v. Williams, 553 U.S. 285, 294, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008). Thus, our interpretation of "institution" should be informed by the other establishments listed in that statute, namely hospitals and schools. Those facilities are staffed by professionals and provide more comprehensive medical, psychological, or educational programs, usually for a much larger population. The FCSA Homes, run by two house parents and housing no more than five children each, seem by comparison out of place. We conclude, therefore, that they are not meant to be included within that list of establishments.
The legislative history of the 1966 amendment to the FLSA does not point to a different conclusion. The Senate report,
Plaintiffs argue that we should interpret § 203(r)(2)(A) to include FCSA's Homes because guidance from the Department of Labor indicates that a reference to "nursing homes" in that provision should be interpreted broadly. See Dep't of Labor, Wage and Hour Division, Field Operations Handbook (FOH), ch. 12, § 12g02 ("[Institutions primarily engaged in the care of the aged] are not limited to nursing homes,... but include those institutions generally known as nursing homes, rest homes, convalescent homes, homes for the elderly and infirm, and the like."). Plaintiffs argue that by the same reasoning, "institution primarily engaged in the care of the ... mentally ill" should be interpreted broadly to include FCSA's Homes. We disagree.
The FCSA Homes are very different from nursing homes and the related facilities listed in the handbook. The children who live at the FCSA Homes spend much of their time, perhaps a majority of their waking hours, elsewhere. They leave the Homes to attend school, participate in activities, and receive medical and psychological treatment. Residents of nursing homes are not necessarily confined completely to those facilities, but the expectation is that the vast majority of their time is spent there. Those facilities are also staffed with professionals, not simply house parents, and residents may be expected to receive substantially greater "care" in those facilities.
Furthermore, it does not appear to us that the FOH is a proper source of interpretive guidance. See Christensen v. Harris Cnty., 529 U.S. 576, 587, 120 S.Ct. 1655, 146 L.Ed.2d 621 (2000). The handbook itself says that it "is not used as a device for establishing interpretative policy." FOH, Foreword at 1, available at http://www.dol.gov/whd/FOH/index.htm (last checked June 15, 2011).
We conclude, therefore, that the Homes operated by FCSA are not covered by the overtime provisions of the FLSA. We reverse the district court's interlocutory order granting partial summary judgment and remand for further proceedings consistent with this opinion.