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MARTIN v. COYNE INTERN. ENTERPRISES, CORP.

No. 1341, Docket 91-6319.

966 F.2d 61 (1992)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. COYNE INTERNATIONAL ENTERPRISES, CORP., a Corporation, doing business as Coyne Textile Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Leif G. Jorgenson (Marshall J. Breger, Sol. of Labor, Monica Gallagher, Associate Sol., William J. Stone, Counsel for Trial Litigation, U.S. Dept. of Labor, Washington, D.C.), for plaintiff-appellant.

Kerry J. Hanlon, O'Hara & Hanlon, Syracuse, N.Y., for defendant-appellee.

Before: OAKES, Chief Judge, WALKER, Circuit Judge, and LEVAL, District Judge.

WALKER, Circuit Judge:

This case involves a single issue of statutory interpretation. The Secretary of Labor ("Secretary") sued Coyne International Enterprises ("Coyne") under § 7 of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207, to recover overtime wages allegedly owing to drivers employed by Coyne. The sole question is whether § 13(b)(1) of the FLSA, 29 U.S.C. § 213(b)(1), exempts Coyne's drivers from the overtime requirements. The district...

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