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MATTER OF WAGE & HOUR VIOLATIONS OF HOLLY INN

No. CX-85-1899.

386 N.W.2d 305 (1986)

In the Matter of WAGE AND HOUR VIOLATIONS OF HOLLY INN, INC., d/b/a/ La Fonda de Acebo, 1665 Sibley Memorial Highway, Eagan, Minnesota 55121.

Court of Appeals of Minnesota.

April 29, 1986.

Attorney(s) appearing for the Case

Michael M. Hupp, McGill, Koley, Parsonage & Lanphier, P.C., Omaha, Neb., Frank Vogl, James P. Michels, Best & Flanagan, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Lori Mittag, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Shirley A. Brantingham, St. Paul, for amicus curiae Minnesota Ass'n of Commerce and Industry.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and FOLEY, HUSPENI, FORSBERG, LESLIE, NIERENGARTEN and RANDALL, JJ.

OPINION

NIERENGARTEN, Judge.

Holly Inn, Inc., doing business as La Fonda de Acebo ("La Fonda"), appeals from a determination by the commissioner of labor and industry that several former employees were entitled to restitution under the minimum wage laws. We reverse.

FACTS

The Minnesota Department of Labor and Industry ("Department") received complaints from two former waitresses that La...

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