Legal Opinion
Ray Marshall, Secretary of Labor, United States Department of Labor v. Western Union Telegraph Company
Court of Appeals for the Third Circuit
Decided May 5, 1980No. 79-1695PublishedCited by 63 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
We are called upon in this appeal to consider a question of widespread importance to both employers and employees under the Fair Labor Standards Act (FLSA or the Act), 29 U.S.C. §§ 201-216b (1976): How is the exempt status of managerial employees from the overtime pay provisions of the FLSA to be measured when those employees perform nonexempt work during a strike? The district court answered this question by adopting a “workweek standard” proposed by the Secretary of Labor (the Secretary) by which the exempt status of managerial employees would be…
2Cases cited15 opinions
- United States v. DarbySupreme Court of the United States · 1941
- National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
- National Labor Relations Board v. Wyman-Gordon Co.Supreme Court of the United States · 1969
- Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
- Bay Ridge Operating Co. v. AaronSupreme Court of the United States · 1948
10 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- State v. HoffmanSupreme Court of New Jersey · 1997
- GE Solid State, Inc v. Director, Division of TaxationSupreme Court of New Jersey · 1993
- New Orleans, Etc. v. Civ. Service, Etc.Supreme Court of Louisiana · 1982
- Reich v. Gateway Press, Inc.Court of Appeals for the Third Circuit · 1994
- William E. Brock, Secretary of Labor, United States Department of Labor v. The Claridge Hotel and CasinoCourt of Appeals for the Third Circuit · 1988
58 more not listed; retrieve them via the Exa API.