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WILLIAMS v. STRICKLAND

No. 93-17224.

87 F.3d 1064 (1996)

Robert WILLIAMS, Plaintiff-Appellant, v. Major Charles STRICKLAND, Individually and in his Official Capacity as Administrator of the Salvation Army Adult Rehabilitation Center, San Francisco Chapter, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Philip C. Monrad, Leonard, Nathan, Zuckerman, Ross, Chin & Remar, Oakland, California, for plaintiff-appellant.

Brendan Dolan, Brobeck, Phleger & Harrison, San Francisco, California, for defendant-appellee.

Before: CHOY, POOLE, and KLEINFELD, Circuit Judges.

Opinion by Judge CHOY; Dissent by Judge POOLE.

CHOY, Circuit Judge:

Robert Williams appeals the district court's grant of summary judgment against his minimum wage and overtime claims under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 ("FLSA"). The district court held that Williams, who spent six months at an Adult Rehabilitation Center of the Salvation Army, was never an employee of the Salvation Army for purposes of the FLSA. We have...

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