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Reich v. Great Lakes Indian Fish and Wildlife Comm'n

United States Court of Appeals for the Seventh Circuit
4 F.3d 490 (7th Cir. 1993)


Facts

The Chippewa Indian tribes that lived around the Great Lakes created the Great Lakes Indian Fish and Wildlife Commission (Commission) (defendant) to regulate and enforce their tribal rights, including their fishing, hunting, and gathering rights. The Commission employed numerous field law-enforcement officers to monitor and regulate hunting and fishing rights. During busy times of the year for hunting and fishing, these officers often worked long hours in their roles, while taking time off during more dormant seasons. The Department of Labor (Department) (plaintiff) sued the Commission for violations of the Fair Labor Standards Act (Act), 29 U.S.C. § 201 et seq., because these law-enforcement officers were not provided with overtime pay. The Department requested that the district court enforce a subpoena against the Commission. The Commission argued that the Act did not apply to Indian agencies or the Commission. The district court agreed with the Commission and refused to enforce the subpoena, and the Department appealed.

Rule of Law

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Issue

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Holding and Reasoning (Posner, J.)

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Dissent (Coffey, J.)

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