Williams v. Strickland

87 F.3d 1064 65 USLW 2080 , 132 Lab.Cas. P 33,404 , 3 Wage & Hour Cas.2d (BNA) 609 , 96 Cal. Daily Op. Serv. 4830 , 96 Daily Journal D.A.R. 7789 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. No. 93-17224. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1995. Decided June 28, 1996. 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. Appeal from the United States District Court for the Northern District of California, Charles A. Legge, District Judge, Presiding. D.C. No. CV-91-03949-CAL. Before: CHOY, POOLE, and KLEINFELD, Circuit Judges. Opinion by Judge CHOY; Dissent by Judge POOLE. CHOY, Circuit Judge: 1 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…