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McMASTER v. STATE OF MINN.

No. 93-2502.

30 F.3d 976 (1994)

Gregory J. McMASTER; Elizabeth Krogstad; Harold Gustafson; Michael Giest; Guy James Hathaway; John E. Liljedahl; Timothy S. Smith; Shawn Hubbard; James Scott; Ricky J. Sistad; Gerald Norris, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. STATE OF MINNESOTA; Orville Pung, Minnesota Commissioner of Corrections; Jean Whitney, Administrative Assistant to the Commissioner of Corrections; Donald G. Tomsche, Correctional Administrator to Minnesota Department of Corrections; Dennis Benson, Warden, Minnesota Correctional Facility — Oak Park Heights; Pat Adair, Superintendent, Minnesota Correctional Facility-Shakopee; Robert A. Erickson, Warden, Minnesota Correctional Facility — Stillwater; Fred Holbeck, Superintendent, Minnesota Correctional Facility — Faribault; G. Fred Lafleur, Superintendent, Minnesota Correctional Facility — Lino Lakes; Leroy Siegal, Superintendent, Minnesota Correctional Facility — St. Cloud; Thomas F. Grogan, Director, Minnesota Correctional Facility — Oak Park Heights Industries; Frank W. Wood, Minnesota Deputy Commissioner of Corrections; Guy Piras, Assistant Director, Minnesota C.F. — OPH Industries; Jim Rariek, Supervisor, Complex 4, MCF — OPH Industries; John Doe; Mary Roe, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 25, 1994.

Attorney(s) appearing for the Case

Richard G. Nadler, St. Paul, MN (argued), for plaintiffs-appellants.

Joycelyn F. Olson, Asst. Atty. Gen., St. Paul, MN (argued), for defendants-appellees.

Before ARNOLD, Chief Judge, LIVELY, Senior Circuit Judge, and FAGG, Circuit Judge.

LIVELY, Senior Circuit Judge.

The question in this case is whether inmates of state correctional facilities are entitled to be paid the federal minimum wage established under the Fair Labor Standards Act for work performed inside those facilities as part of a prison industries program. The district court held that the inmate-plaintiffs are not covered by the Fair Labor Standards Act and have no right of action under the Ashurst-Sumners Act, and dismissed their complaint...

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