Walter David Morgan v. F.T. MacDonald White Pine County School Board R. Angelone George Deeds S. Godinez C. Wolff W. Reid
Opinion
Opinion
Kozinski, J.
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. Morgan chose to fulfill this requirement by working at the Education Center as a computer “trouble-shooter.”
The Education Center is located on the grounds of Ely State Prison, and provides general education and training for the prison’s inmates. The prison contracted with the White Pine County School Board to operate the Education Center; the two entities then agreed to let inmates perform various jobs there. The inmates are paid a nominal salary each week, at a rate below the minimum wage established by the FLSA.
On October 22, 1991, Morgan filed a complaint alleging, among other things, violation of the FLSA’s minimum wage requirement. See 29 U.S.C. § 216 (b) (conferring private right of action on employees for violations of the FLSA). After the defendants filed motions…