Alexander v. Sara, Inc.
Decision Date | 16 March 1983 |
Docket Number | Civ. A. No. 80-270-B. |
Citation | 559 F. Supp. 42 |
Parties | George ALEXANDER, et al. v. SARA, INC. |
Court | U.S. District Court — Middle District of Louisiana |
John Shea, Baton Rouge, La., for plaintiffs.
Tommy C. Rutledge, DeQuincy, La., for Sara, Inc.
Winfield E. Little, Jr., Lake Charles, La., for Dr. Harry L. Shaheen.
This matter is before the Court after having been remanded from the Fifth Circuit Court of Appeals. 666 F.2d 590. The facts of this case are set forth in this Court's original opinion which dismissed this suit for lack of subject matter jurisdiction. 505 F.Supp. 1080 (1981). The Fifth Circuit Court of Appeals found the dismissal to be "procedurally improper", and remanded the case to this Court for further proceedings. This case is now before the Court on the motion of the defendant, Sara, Inc., for summary judgment. No oral argument is required on this motion.
As noted in the Court's prior opinion, the sole issue before the Court is whether or not the plaintiffs, who are inmates at the Louisiana State Penitentiary at Angola, are "employees" within the meaning of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. The facts of this case are not in dispute.
In 1976, the Louisiana Department of Corrections entered into a contract with the defendant, Sara, Inc., which permitted the inmates at Angola to participate and assist in a blood plasma program at Angola. Thereafter, the defendant established a plasmapherisis program which was operated by the inmates pursuant to the terms of the agreement which Sara, Inc. had entered into with the Louisiana Department of Corrections. In February of 1978, the contract was renegotiated and remains effective today. Under the terms of this agreement, inmates are compensated $3.00 per day. Sara, Inc. pays the funds due under the contract directly to the State of Louisiana, which in turn, deposits the appropriate amount to the individual inmate's prison account.
Under the terms of the agreement, the Louisiana Department of Corrections reserves the right to veto the assignment of inmates to work in the plasma laboratory. The Department also maintains absolute control in screening prisoners who are proposed as plasmapherisis workers. Therefore, the ultimate control and regulation of the inmates remains with prison officials. Sara, Inc. is granted some discretion in selecting and requesting particular prisoners. However, the Department does reserve the right to veto and reject the request made by Sara, Inc. for a particular inmate.
A review of plaintiffs' complaint reveals that the plaintiffs contend that they are compensated at a rate far below the minimum wage. Plaintiffs further contend that the defendant is in violation of Section 207 of the Act in that the plaintiffs were employed for work weeks which exceed 40 hours per week without being compensated at rates not less than one and one-half times the minimum wage. In response to the plaintiffs' complaint, the defendant contends that the inmates are not employees within the meaning of the FLSA. The defendant further contends that it is not an employer within the meaning of the Act. Finally, Sara, Inc. argues that it has contracted with the State of Louisiana and not with the individual plaintiffs in this case.
The FLSA defines "employee" as "any individual employed by an employer." 29 U.S.C. § 203(e)(1). The term "employ" is defined as including "to suffer or permit to work" 29 U.S.C. § 203(g). At least four federal district courts have written opinions which have held that prisoners are not "employees" within the meaning of the Act. Huntley v. Gunn Furniture Co., 79 F.Supp. 110 (W.D.Mich., 1948); Hudgins v. Hart, 323 F.Supp. 898 (E.D.La., 1971); Sims v. Parke Davis & Co., 334 F.Supp. 774 (E.D. Mich., 1971), affd. 453 F.2d 1259 (6 Cir. 1971), cert. denied, 405 U.S. 978, 92 S.Ct. 1196, 31 L.Ed.2d 254 (1972); Worsley v. Lash, 421 F.Supp. 556 (N.D.Ind., 1976). The Court finds that Hudgins v. Hart, supra, is nearly identical to the present case. The Hudgins case, as does this case, involved a blood plasma program at the Louisiana State Penitentiary at Angola, Louisiana. In concluding that the inmate was not an employee, U.S. District Judge E. Gordon West stated:
323 F.Supp. at 899.
In Sims v. Parke Davis & Co., supra, the Court provided:
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Owino v. Corecivic, Inc., Case No.: 17-CV-1112 JLS (NLS)
...was to protect the "standard of living" and "general well-being" of the worker in the American industry. Id. (quoting Alexander v. Sara, Inc., 559 F. Supp. 42 (M.D. La.), aff'd. 721 F.2d 149 (5th Cir. 1983)). Because detainees were removed fromthe American economy, they were not employees u......
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Hale v. State of Ariz.
...obligation who works on a program structured by the prison as an employment relationship within the FLSA. See Vanskike; Alexander v. SARA, Inc., 559 F.Supp. 42 (M.D.La.) (labor in plasmapheresis program run by outside company belonged to institution), aff'd, 721 F.2d 149 (5th Cir.1983); Sim......
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Gilbreath v. Cutter Biological, Inc.
...Cutter lab inside the institution, like other cases which have found no employer-employee relationship. See, e.g., Alexander v. Sara, Inc., 559 F.Supp. 42, 43-44 (M.D.La.), aff'd per curiam, 721 F.2d 149 (5th Cir.1983) (no contractual relationship between inmates and outside company; compen......
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Woodall v. Partilla, 83 C 3208.
...Courts confronted with the issue have concluded that a prisoner is not an employee within the meaning of the Act. See Alexander v. Sara, Inc., 559 F.Supp. 42 (M.D. La.), aff'd, 721 F.2d 149 (5th Cir.1983); Sims v. Parke Davis & Co., 334 F.Supp. 774 (E.D.Mich.), aff'd, 453 F.2d 1259 (6th Cir......