Legal Opinion
Bennis Carrell v. Sunland Construction, Inc.
Court of Appeals for the Fifth Circuit
Decided August 25, 1993No. 92-4948PublishedCited by 33 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
Twenty welders sued Sunland Construction Inc. (Sunland), claiming that Sunland violated the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, by failing to pay them overtime compensation. The district court dismissed the welders’ lawsuit on the ground that they were not “employees” within the meaning of the FLSA. We affirm.
I. BACKGROUND
Sunland constructs transmission pipelines for natural gas companies. For each pipeline construction project, Sunland hires pipe welders and classifies them as independent contractors. The welders typically work 60 hours per week and…
2Cases cited3 opinions
- William E. Brock, Secretary of Labor, United States Department of Labor v. Mr. W Fireworks, Inc.Court of Appeals for the Fifth Circuit · 1987
- Billy Robicheaux v. Radcliff Material, Inc., a Subsidiary of Southern Industries CorporationCourt of Appeals for the Fifth Circuit · 1983
- Raymond J. Donovan, Secretary of Labor, U. S. Department of Labor, Plaintiff v. Tehco, Inc., a Corporation, and Thomas E. Howell, Iii, an IndividualCourt of Appeals for the Fifth Circuit · 1981
3Cited by33 opinions
- Parrish v. Premier Directional Drilling, L.P.Court of Appeals for the Fifth Circuit · 2019
- Hopkins v. Cornerstone AmericaCourt of Appeals for the Fifth Circuit · 2008
- Baker v. Flint Engineering & Construction Co.Court of Appeals for the Tenth Circuit · 1998
- Herman v. Express Sixty-Minutes Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1998
- Solis v. International Detective & Protective Service, Ltd.District Court, N.D. Illinois · 2011
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