Reich v. Newspapers of New England Inc‪.‬

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. This case arose when the United States Secretary of Labor (""the Secretary"") brought this action against Newspapers of New England, Inc. d/b/a The Concord Monitor (""The Monitor ""), and George Wilson, the newspaper's publisher, claiming that The Monitor had willfully violated the overtime and records requirements of the FLSA with respect to the wages it had paid its reporters, editors, and photographers. The Monitor 's primary defense was that the FLSA did not cover its actions because the employees at issue were exempt professionals. The Monitor also maintained that any FLSA violations it may have committed were not willful.