Donovan v. Burger King Corp.
Court of Appeals for the Second Circuit
1Opinion of the Court
RALPH K. WINTER, Jr., Circuit Judge:
This case involves cross-appeals from a judgment entered by the District Court for the Eastern District of New York.
The plaintiff Secretary of Labor brought this action under 28 U.S.C. § 217 alleging defendant Burger King’s failure to pay overtime compensation to certain employees and to keep related records as required by the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 207, 211(c), 215(a)(2) and (a)(5) (1976). Burger King raised as an affirmative defense a claim that the employees, designated Assistant Managers, are “bona fide executive” employees under…
2Cases cited13 opinions
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Corning Glass Works v. BrennanSupreme Court of the United States · 1974
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
- Walling v. General Industries Co.Supreme Court of the United States · 1947
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3Cited by72 opinions
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- Sav-On Drug Stores, Inc. v. Superior CourtCalifornia Supreme Court · 2004
- Thomas v. Speedway SuperAmerica, LLCCourt of Appeals for the Sixth Circuit · 2007
- Havey v. Homebound Mortgage, Inc.Court of Appeals for the Second Circuit · 2008
- Guthrie v. Lady Jane Collieries, Inc.Court of Appeals for the Third Circuit · 1983
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