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McLAUGHLIN v. ENSLEY

No. 88-1734.

877 F.2d 1207 (1989)

Ann McLAUGHLIN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Kirby G. ENSLEY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1989.

Attorney(s) appearing for the Case

Ford Friel Newman (George R. Salem, Sol. of Labor, Greenville, S.C., Monica Gallagher, Associate Sol., LindaJan S. Pack, Washington, D.C., Counsel for Appellate Litigation, Bobbye D. Spears, Regional Sol., Atlanta, Ga., on brief), for plaintiff-appellant.

Fred Henry Moody, Jr. (McKeever, Edwards, Davis & Hays, P.A., Bryson City, N.C., on brief), for defendant-appellee.

Before CHAPMAN and WILKINS, Circuit Judges, and WILLIAMS, District Judge for the Eastern District of Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

This case involves the meaning of "employee" as it applies to rights under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (1982). More precisely, the issue is whether certain workers, who performed duties for an employer during a weeklong orientation period, were employees for purposes of the Fair Labor Standards Act's minimum wage and overtime provisions. Because we believe these...

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