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REICH v. NEWSPAPERS OF NEW ENGLAND, INC.

Nos. 94-1032, 94-1033.

44 F.3d 1060 (1995)

Robert B. REICH, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellant, v. NEWSPAPERS OF NEW ENGLAND, INC. D/B/A/ The Concord Monitor and George Wilson, Defendants-Appellees. SECRETARY UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellee, v. NEWSPAPERS OF NEW ENGLAND, INC. D/B/A/ The Concord Monitor and George Wilson, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided January 24, 1995.

Attorney(s) appearing for the Case

Edward E. Shumaker III, with whom Robert J. Finn and Gallagher, Callahan & Gartrell, P.A., Concord, NH, were on brief, for Newspapers of New England, Inc. d/b/a Concord Monitor, et al.

John G. Kester, Thomas G. Hentoff and Williams & Connolly, Washington, DC, on brief, for Newspaper Ass'n of America, Nat. Newspaper Ass'n, American Soc. of Newspaper Editors, and Nat. Ass'n of Broadcasters, amici curiae.

Anne Payne Fugett, U.S. Dept. of Labor, with whom Thomas S. Williamson, Jr., Sol. of Labor, Monica Gallagher, Associate Sol., William J. Stone, Acting Deputy Associate Sol., and Albert Ross, Regional Sol., U.S. Dept. of Labor, Washington, DC, were on brief, for Secretary of Labor.

David S. Barr, Michael J. Gan and Barr, Peer & Camens, Washington, DC, on brief, for Newspaper Guild, AFL-CIO, CLC, amicus curiae.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and KEETON, District Judge.

TORRUELLA, Chief Judge.

These cross appeals require us to decide whether the reporters, editors, and photographers employed by a small community newspaper are exempt from the overtime and recordkeeping provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. ("FLSA" or the "Act"). The case revolves around whether the employees at issue are exempt under the "professional employee" exemption of § 13(a)(1) of the Act.

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