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REICH v. AVOCA MOTEL CORP.

No. 95-3174.

82 F.3d 238 (1996)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Appellant, v. AVOCA MOTEL CORPORATION, doing business as Avoca Heights Motel; Denison Park Corporation, doing business as The Denison Park Motel; Walnut Colonial, doing business as Walnut Budget Motel; Tom Anderson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 26, 1996.

Attorney(s) appearing for the Case

Barbara Eby Racine, Washington, DC, argued (William J. Stone, on the brief), for Appellant.

Frederick T. Harris, Council Bluffs, Iowa, argued (John M. French, on the brief), for Appellees.

Before MAGILL, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MAGILL, Circuit Judge.

The Secretary of Labor appeals the district court's1 conclusion that the various defendant motels did not violate the overtime and minimum wage provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 206, 207 (1994). The court determined that the motel managers' "waiting time"2 counted as exempt work, and thus the motel managers...

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