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DOLE v. MALCOLM PIRNIE, INC.

No. 89 Civ. 3554 (GLG).

758 F.Supp. 899 (1991)

Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Plaintiff, v. MALCOLM PIRNIE, INC., Defendant.

United States District Court, S.D. New York.

March 4, 1991.

Attorney(s) appearing for the Case

Office of the Sol. U.S. Dept. of Labor, New York City (Percy S. Miller, of counsel), for plaintiff.

Epstein Becker & Green, P.C., New York City by Gilbert J. Ginsburg, and Robert L. Jauvtis (Bickel & Brewer, New York City of counsel), for defendant.

OPINION

GOETTEL, District Judge:

The narrow issue presented by these cross-motions for partial summary judgment is whether professional and managerial employees were exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA") because the salary test set forth in 29 C.F.R. § 541.118 was satisfied, notwithstanding the fact that deductions for absences of less than a day were made from the paychecks of some of these employees.

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