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REICH v. GATEWAY PRESS, INC.

No. 92-3746, 92-3747.

13 F.3d 685 (1994)

Robert REICH, Secretary of Labor, United States Department of Labor, Appellants in No. 92-3746, v. GATEWAY PRESS, INC.; John Blanchflower, individually as employer and as Vice-President of Gateway Press, Inc., Appellants in No. 92-3747.

United States Court of Appeals, Third Circuit.

Decided January 6, 1994.

Attorney(s) appearing for the Case

Judith E. Kramer, Deputy Sol. of Labor, Monica Gallagher, Associate Sol., William J. Stone, for Appellate Litigation.

Vonda L. Marshall (Argued), Marshall H. Harris, Regional Sol. U.S. Dept. of Labor, Washington, DC., for U.S. Dept. of Labor.

James A. Prozzi (Argued), Jackson, Lewis, Schnitzler & Krupman, Pittsburgh, PA, for Gateway Press and John Blanchflower.

John G. Kester, Thomas G. Hentoff, Williams & Connolly, Washington, DC, for Albany Business Journal on Behalf of Gateway Press, amicus-appellees/cross-appellants.

Before: BECKER, NYGAARD and ALITO, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

These cross appeals require us to decide the extent to which newspaper reporters who write for small community newspapers that are part of a newspaper chain are exempt from the wage, hour and records requirements of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. ("FLSA" or the "Act"). Involved are two exemptions from the FLSA: the "small newspaper" exemption, § 13(a)(8), which exempts newspapers...

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