commuter transportation satisfied first factor). The second factor — whether performance of its function is on behalf of one or more states or political subdivisions — also leans in Defendants’ favor. TMSEL performed its function on behalf of the RTA. The third factor — whether there are any private interests involved, or whether the states or political subdivisions involved have the powers and interests of an owner — leans in favor of Plaintiffs. TMSEL was a private company owned by private parent companies up until the RTA acquired ownership in 2012. Notably, however, TMSEL’s status as a private company alone does not necessitate a finding that it is not an agency or instrumentality. See Wilcox v. Terrytown Fifth Dist. Volunteer Fire Dep’t, Inc., 897 F.2d 765, 766-68 (5th Cir. 1990) (<HOLDING>). The fourth factor — whether control and
holding that the university was not a political subdivision of the state because it had no power to tax or cause taxes to be levied holding that the determination of the boundaries of a political subdivision of the state is a political question solely within the power prerogative and discretion of the legislature and not subject to judicial review holding that a tennessee public utility district was not an employer under  1522 because it was a political subdivision of tennessee holding that a volunteer fire department which was a nonprofit corporation was an agency of a political subdivision for the purposes of the flsa recognizing that a board of elections is not a political subdivision and its members are not county officers