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DONOVAN v. BURGER KING CORP.

Nos. 199, 200, Dockets 81-6100, 81-6110.

675 F.2d 516 (1982)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant-Cross-Appellee, v. BURGER KING CORPORATION, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 2, 1982.

Attorney(s) appearing for the Case

Barbara E. Kahl, Atty., U. S. Dept. of Labor, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Beate Bloch, Associate Sol., Mary-Helen Mautner, Kerry L. Adams, Attys., Dept. of Labor, Washington, D. C., on the brief), for plaintiff-appellant-cross-appellee, Raymond J. Donovan.

Martin D. Heyert, New York City (Paul L. Bressan, Kelley Drye & Warren, New York City, on the brief), for defendant-appellee-cross-appellant, Burger King Corp.

Thomas W. Power, Washington, D. C. (Robert D. McDonald, Power & McDonald, Washington, D. C., on the brief), for amicus curiae Food Service and Lodging Institute, in support of defendant-appellee-cross-appellant, Burger King Corp.

Before OAKES, NEWMAN, and WINTER, Circuit Judges.

RALPH K. WINTER, Jr., Circuit Judge:

This case involves cross-appeals from a judgment entered by the District Court for the Eastern District of New York.

The plaintiff Secretary of Labor brought this action under 28 U.S.C. § 217 alleging defendant Burger King's failure to pay overtime compensation to certain employees and to keep related records as required by the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 207, 211(c), 215(a)(2) and (a)(5...

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