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Prieur v. D.C.I. Plasma Center of Nevada, Inc.
Citations: 726 P.2d 1372; 102 Nev. 472; 27 Wage & Hour Cas. (BNA) 1534; 1986 Nev. LEXIS 1586Docket: 17448, 17501
Court: Nevada Supreme Court; November 4, 1986; Nevada; State Supreme Court
Oliver Prieur and Joseph A. Walsh, both incarcerated in Nevada, appealed the district court's dismissal of their complaints against D.C.I. Plasma Center of Nevada, Inc. The appellants claimed they were paid between $0.12 and $0.50 per hour while working for the respondent under a private industry work program, asserting that this compensation violated minimum wage laws as set forth in the Nevada Wage and Hour Law and the Fair Labor Standards Act. Prieur sought $6,792 in back wages, while Walsh sought $1,555.45. The respondent moved to dismiss the complaints, arguing that minimum wage laws did not apply to prisoners and that no employment relationship existed between the appellants and the respondent. The district court agreed, concluding that the Nevada Department of Prisons was the sole party to the contract governing the appellants' work, and thus determined the rate and method of their compensation. The court emphasized the necessity of an employment relationship to establish entitlement to minimum wage. It referenced the "economic reality" test to determine such relationships and noted that participation in the private industry program required approval from the Department of Prisons. The appeals court upheld the district court's dismissal, finding no error in the conclusions reached and denying further argument or briefing. Consequently, the appeals were dismissed, and Prieur's request to file an opening brief was deemed moot.