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DONOVAN v. BURGER KING CORP.

No. 81-1502.

672 F.2d 221 (1982)

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

United States Court of Appeals, First Circuit.

Decided February 22, 1982.

Attorney(s) appearing for the Case

Martin D. Heyert, New York City, with whom Paul L. Bressan and Kelley, Drye & Warren, New York City, were on brief, for appellant.

Gregory O'Duden, Atty., Washington, D. C., with whom T. Timothy Ryan, Jr., Sol. of Labor, Albert H. Ross, Regional Sol., Beate Bloch, Associate Sol., and Mary-Helen Mautner, Atty., Washington, D. C., were on brief, for appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and WYZANSKI, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Burger King appeals from a judgment of the district court enjoining it from violating provisions of the Fair Labor Standards Act ("FLSA" or "the Act"), 29 U.S.C. §§ 201 et seq., and from withholding back pay for overtime due certain of its assistant managers. After a bench trial, the district court concluded that the assistant managers were covered by the Act, and therefore entitled to be paid at one and one-half...

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