SEC'Y. OF LABOR, U.S. DEPT. OF LABOR v. LAURITZEN

No. 86-2770.

835 F.2d 1529 (1987)

SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellee, v. Michael LAURITZEN and Marilyn Lauritzen, individually and doing business as Lauritzen Farms, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 15, 1987.

Rehearing and Rehearing Denied February 8, 1988.


Attorney(s) appearing for the Case

Richard M. Van Orden, Grand Rapids, Mich., for defendants-appellants.

Paula Wright Coleman, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellee.

Before WOOD, FLAUM, and EASTERBROOK, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 8, 1988.

HARLINGTON WOOD, Jr., Circuit Judge.

This, as unlikely as it may at first seem, is a federal pickle case. The issue is whether the migrant workers who harvest the pickle crop of defendant Lauritzen Farms, in effect defendant Michael Lauritzen, are employees for purposes of the Fair Labor Standards Act of 1938 ("FLSA"),1 or are instead independent contractors not subject to...

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