Legal Opinion

Brock v. Lauritzen

District Court, E.D. Wisconsin

Decided December 20, 1985No. Civ. A. 84-C-980PublishedCited by 9 opinions

1Opinion of the Court

DECISION AND ORDER

TERENCE T. EVANS, District Judge.

This case is before me on the Secretary of Labor’s motion for partial summary judgment. The Secretary seeks a declaration that as a matter of law, the migrant farm workers involved in this ease were employees of Lauritzen Farms. Lauritzen argues that the workers, who pick cucumbers during the harvest season, are independent contractors not employees. Analyzing the relevant factors, I believe that the migrant workers were Lauritzen’s employees as a matter of law and therefore, that they are within the protections of the Fair Labor Standards…

2Cases cited10 opinions

  1. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  2. United States v. SilkSupreme Court of the United States · 1947
  3. W. J. Usery, Secretary of Labor, United States Department of Labor, Plaintiff v. Pilgrim Equipment Company, Inc.Court of Appeals for the Fifth Circuit · 1976
  4. Jose L. Beliz, Cross-Appellees v. W.H. McLeod & Sons Packing Company, Cross-Appellant, Waldo GalanCourt of Appeals for the Fifth Circuit · 1985
  5. Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Jerry Brandel, Individually, and D/B/A Jerry Brandel FarmsCourt of Appeals for the Sixth Circuit · 1984

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3Cited by9 opinions

  1. Secretary of Labor, United States Department of Labor v. Michael Lauritzen and Marilyn Lauritzen, Individually and Doing Business as Lauritzen FarmsCourt of Appeals for the Seventh Circuit · 1988
  2. William E. Brock, Secretary of Labor, United States Department of Labor v. Mr. W Fireworks, Inc.Court of Appeals for the Fifth Circuit · 1987
  3. Brock v. LauritzenDistrict Court, E.D. Wisconsin · 1986
  4. Elizondo v. PodgorniakDistrict Court, E.D. Michigan · 1999
  5. In Re the Wage & Hour Violation of KokeschCourt of Appeals of Minnesota · 1987

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