Ann McLaughlin Secretary of Labor, United States Department of Labor v. Kirby G. Ensley

*1208CHAPMAN, Circuit Judge:

This case involves the meaning of “employee” as it applies to rights under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (1982). More precisely, the issue is whether certain workers, who performed duties for an employer during a weeklong orientation period, were employees for purposes of the Fair Labor Standards Act’s minimum wage and overtime provisions. Because we believe these workers should have been considered employees, we reverse.

I

The defendant in this action, Kirby Ens-ley, is the proprietor of a snack foods distribution business in Sylva, North…