MARSHALL v. WESTERN UNION TEL. CO.

No. 79-1695.

621 F.2d 1246 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor v. WESTERN UNION TELEGRAPH COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 5, 1980.


Attorney(s) appearing for the Case

Thomas L. Morrissey (argued), Newark, N. J., Thomas M. Healy, Upper Saddle River, N. J., Laurence Reich, Rosemary A. Hall, Carpenter, Bennett & Morrissey, Newark, N. J., for appellant.

Carlin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Lois G. Williams, David A. Grant (argued), Attys., U. S. Dept. of Labor, Washington, D. C., Francis V. LaRuffa, Regional Sol., New York City, for appellee.

Before GIBBONS, ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

We are called upon in this appeal to consider a question of widespread importance to both employers and employees under the Fair Labor Standards Act (FLSA or the Act), 29 U.S.C. §§ 201-216b (1976): How is the exempt status of managerial employees from the overtime pay provisions of the FLSA to be measured when those employees perform nonexempt work during a...

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