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MORGAN v. MacDONALD

No. 92-16643.

41 F.3d 1291 (1994)

Walter David MORGAN, Plaintiff-Appellant, v. F.T. MacDONALD; White Pine County School Board; R. Angelone; George Deeds; S. Godinez; C. Wolff; W. Reid, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted September 16, 1994.

Decided December 2, 1994.

Attorney(s) appearing for the Case

Lisa Duncanson, Certified Law Student, Professor Samuel Frizell, Western State University College of Law, Fullerton, California; Walter David Morgan, pro se, Ely, NV, for plaintiff-appellant.

Thomas J. Ray, Louis Ling, Paul G. Yohey, Deputy Attys. Gen., Carson City, NV, Janice J. Brown, Las Vegas, NV, for defendants-appellees.

Before: FEINBERG, SCHROEDER and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

We decide whether a Nevada state prison inmate is an "employee" under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq.

I

Walter Morgan is an inmate at Ely State Prison in Nevada. From October 1989 to September 1990, he worked at the Ely State Prison Education Center. Like all other inmates, Morgan was required under Nevada law to work or receive vocational training for 40 hours each week.

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