Reich v. Great Lakes Indian Fish and Wildlife Commission

4 F.3d 490 (1993)

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Reich v. Great Lakes Indian Fish and Wildlife Commission

United States Court of Appeals for the Seventh Circuit
4 F.3d 490 (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. These officers often worked long hours during busy times of the year for hunting and fishing, while taking time off during more dormant seasons. The Department of Labor (department) (plaintiff) believed that the commission was violating the Fair Labor Standards Act (FLSA) because the commission’s law-enforcement officers were not provided with overtime pay when working more than 40 hours per week during hunting seasons. The department asked a district court to enforce a subpoena against the commission that sought evidence of the commission’s FLSA violations. The commission admitted that it did not pay overtime but claimed that the subpoena should not be enforced because the FLSA did not apply to the commission’s payment of wages. The district court agreed with the commission and refused to enforce the subpoena. The department appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

Dissent (Coffey, J.)

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Casebooks

Indian Law

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