Strickland

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

I.

This action is brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. Plaintiff alleges that he was an “employee” within the meaning of the FLSA during his tenure with the defendant Salvation Army, and that defendant did not pay him the minimum wage mandated by the FLSA. Defendant contends that plaintiff was not an “employee” of defendant under the FLSA, but was a beneficiary of its rehabilitation services.

Defendant and plaintiff cross-moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motions were briefed, argued and submitted for decision. The court has reviewed the moving and opposing papers, the record and the applicable authorities. For the reasons set forth below, the court concludes that there are no genuine issues of material fact, and defendant’s motion for summary judgment is granted and plaintiffs motion for summary judgment is denied.

II.

Plaintiff was admitted to the defendant Salvation Army’s San Francisco Adult Rehabilitation Center for approximately six months in 1989 and 1990. The Salvation Army is an international nonprofit religious and…