McLAUGHLIN v. SEAFOOD, INC.

No. 87-4762.

861 F.2d 450 (1988)

Ann McLAUGHLIN, Secretary of Labor, U.S. Dept. of Labor, Plaintiff-Appellant, v. SEAFOOD, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 1988.


Attorney(s) appearing for the Case

George R. Salem, Sol., U.S. Dept. of Labor, Robert A. Fitz, Washington, D.C., for plaintiff-appellant.

Ellen R. Edmond, Linda Jan S. Pack, U.S. Dept. of Labor, Washington, D.C., for Dennis E. Whitfield.

Marc Linder, Texas Rural Legal Aid, Inc., Weslaco, Tex., for amicus cuarie, Jesus Barrera.

G. Michael Pharis, Thomas R. Peak, Baton Rouge, La., for defendants-appellees.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

An employer who at least minimally regulates piece workers' method of work, but does not regulate their hours or prohibit them from working for competitors, seeks to escape the coverage of the Federal Labor Standards Act. We hold that he cannot.

I.

Seafood, Inc., a Louisiana corporation that processes and packs crabmeat and crawfish, employs backers, pickers, and peelers who are paid on a piece work basis. These workers...

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