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DUNLOP v. STATE OF NEW JERSEY

No. 74-1289.

522 F.2d 504 (1975)

John T. DUNLOP, Secretary of Labor, United States Department of Labor v. The STATE OF NEW JERSEY et al., Appellants.

United States Court of Appeals, Third Circuit.

Final Submission May 5, 1975.

Decided August 4, 1975.

As amended September 3, 1975.

Attorney(s) appearing for the Case

William F. Hyland, Atty. Gen. of N. J., Theodore A. Winard, Asst. Atty. Gen., Mary Ann Burgess, Deputy Atty. Gen., Trenton, N.J., for appellants.

William J. Kilberg, Solicitor of Labor, Carin Ann Clauss, Assoc. Sol., Donald S. Shire, Jacob I. Karro, Darryl J. Anderson, U.S. Dept. of Labor, Washington, D.C., for appellee.

Before BIGGS, ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The basic issue presented on this appeal is whether the practice of certain New Jersey state institutions in implementing a New Jersey statute1 authorizing overtime compensation to state service employees in the form of compensatory time off comports with the requirements of § 7 of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §...

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