Burleson

Plaintiffs in these consolidated cases * appeal from the order of the district court granting summary judgment to defendants. Plaintiffs are current and former inmates in the California state prison system who claim that they are or were “employees” within the meaning of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., and are thus entitled to receive the federal minimum wage for work performed for the State of California’s Prison Industry Authority (“PIA”). Defendants are the State of California, the PIA, and certain PIA personnel in their official capacities. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 , and we affirm.

BACKGROUND

In the California state prison system, able-bodied prisoners are required to perform “as many hours of faithful labor in each day and every day during his or her term of imprisonment as shall be prescribed by the rules and regulations of the Director of Corrections.” Cal.Penal Code § 2700. The implementing regulation provides that a prisoner’s work obligation “may be a full day of work, education, or other program activity, or a combination [thereof].” Cal.Code Regs. tit. 15, § 3040(a).

Plaintiffs worked…