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Article • June 1, 1997 • from P&J June, 1997
Villarreal v. Woodham, No. 96-2146 (11th Cir.) (113 F.3d 202) (May 29, 1997) (Judge Joel F. Dubina) by The Court stated: "Focusing on the economic reality of the situation in its entirety, we conclude that [a pretrial detainee] is not an 'employee' under the FLSA. The purpose of the FLSA …
Article • June 1, 1996 • from P&J June, 1996
Gambetta v. Prison Rehabilitative Industries, No. 96-4253 (11th Cir.) (112 F.3d 1119) (May 15, 1997) (Judge Max Rosenn) by Case held that inmates of state prisons who work for industries operated as state instrumentalities are not covered by the Fair Labor Standards Act and are not entitled to receive federal …
Article • May 1, 1996 • from P&J May, 1996
Danneskjold v. Hausrath, No. 95-2062, No. 95 (2nd Cir.) (82 F.3d 37) (April 19, 1996) (Judge Ralph K. Jr. Winter) by The Court reasoned as follows: "The relationship is not one of employment; prisoners are taken out of the national economy; prison work is often designed to train and rehabilitate; …
Article • January 1, 1994
Hale v. Arizona, No. 88-15785 (9th Cir.) (993 F.3d 1387) (May 4, 1993) (Judge Pamela Ann Rymer) by In his dissent, Judge Norris stated: "The majority's analysis seems to boil down to the proposition that as long as Arizona law forces prisoners to work, the prisoners do not have to …
Article • January 1, 1994
Henthorn v. Department of Navy, No. 92-5382 (D.C. Cir.) (29 F.3d 362) (July 22, 1994) (Judge David B. Sentelle) by The Court held that "a prerequisite to finding that an inmate has "employee" status under the FLSA is that the prisoner has freely contracted with a non-prison employer to sell …
Article • January 1, 1994
Vanskike v. Peters, No. 89-3082 (7th Cir.) (974 F.2d 806) (August 31, 1992) (Judge Richard D. Cudahy) by