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Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA
by David M. Reutter
On May 8, 2024, the U.S. Court of Appeals for the Fourth Circuit clarified the standards to determine whether Baltimore County prisoners are considered employees under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203, when working in a recycling facility overseen by the County Department ...
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More from this issue:
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, by Douglas Ankney
- From the Editor, by Paul Wright
- Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge, by Douglas Ankney
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, by Kevin Bliss
- Senate Votes to Increase Penalties for BOP Contraband Cellphone Smuggling
- Hep-C Treatment Needed in Los Angeles County Jails to Save Lives and Money
- With Eleventh Circuit Okay, Alabama Executes Third Prisoner by Nitrogen Hypoxia
- Washington Prisoners Prep for Firefighting Career After Release
- Pennsylvania Prisoner Released from Solitary After 15 Years
- Suits Filed Over Dehydration Deaths at Two Texas Jails, by Matthew Clarke
- Biden Commutes Sentences of Most Federal Prisoners on Death Row
- Blood in the Water Author Wins Censorship Challenges Against Illinois, New York Prison Systems, by Douglas Ankney
- Video of Autistic Ohio Teen’s Jail Death Undercuts Sheriff’s Report Calling It Suicide
- Two-Week Lockdown at BOP Women’s Prison in Minnesota After Nine Overdoses, Two Deaths
- Six Set Themselves on Fire at Virginia Prison in 2024
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, by Douglas Ankney
- Maryland Cancels Debt Owed by 6,715 Parolees
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, by David Reutter
- Texas Executioners Playing Fast and Furious to Obtain Lethal Drugs
- Ninth Circuit Greenlights Muslim Hawaii Prisoner’s Challenge to Early-Served Ramadan Meals, by Douglas Ankney
- Details Vague on Spending from San Diego Jail Detainee Welfare Fund
- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, by Matthew Clarke
- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, by David Reutter
- Wisconsin DOC Under Fire for Hiring Censured Doctors
- $400,000 Jury Verdict for Medical Neglect Resulting in Amputation of Alabama Prisoner’s Toes
- Minnesota Prisoners Getting Scanned Mail, Kept Waiting 18 Months for Tablets
- Wellpath Declares Bankruptcy
- Fourth Circuit Revives West Virginia Prisoner’s RLUIPA Claim Over Religious Diet with Soy He Can’t Digest
- No Charges in Alabama Prisoner’s Torture, Rape and Murder
- Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years
- Pigeonly Flies Into Telecom Turbulence, Declares Bankruptcy
- BOP Prisoners in Alabama Strike to Protest Release Date Confusion
- Pennsylvania Jail Guards Accused of Ripping Surgical Pin from Detainee’s Shoulder
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport
- Illinois Sheriff Resigns After Deputy Fatally Shoots 911 Caller
- Arizona DCRR Ordered to Fill Prison Medical Staff Vacancies—Again, by Matthew Clarke
- Four-Month Wait for 40 Percent of South Carolina Jail Detainees Needing Psychiatric Evaluation
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, by Douglas Ankney
- 150 People Sue Over Past Abuse at New York City Juvenile Facilities
- Former Tacoma Reentry Center Severs Washington DOC Contract
- $1.5 Million Settlement Reached for Oregon Prisoner’s Untreated Traumatic Brain Injury
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, by David Reutter
- Childhood Trauma Incidence Higher Among Those Incarcerated, by Anthony Accurso
- Nearly $12 Million Paid to Mentally Disabled Indiana Prisoner Wrongly Convicted of Murder, by Douglas Ankney
- “Locked In, Priced Out”: Markups and Kickbacks in Prison Commissaries
- With HRDC Amicus Brief, Survivor of Dead Washington Prisoner Wins Public Records Case, by Sam Rutherford
- Former Kentucky Sheriff Indicted for Murdering Judge in Chambers
- Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP
- South Dakota DOC Locks Down Third Prison in 2024
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial
- New York City Held in Contempt in Long-Running Rikers Island Class-Action
- Lawsuits by Michigan Prisoner Yield $57,750 in Settlements, Plus Policy Changes
- Top Doc Sacked from Maryland Psych Hospital with “Climate of Chaos”
- 1994 Crime Bill Turns 30: A Legacy of Controversy
- Colorado Legislature’s New Jail Oversight Committee Not Weighted in Detainees’ Favor
- Securus/JPay Video Calling Service Potentially Threatened by New Rate Caps
- First Circuit Rejects Request by Securus and Pay Tel to Stay FCC Prison Phone Rate Caps
- Georgia Prisoner Accused of Running $3.5 Million “Protection” Racket
- GOP Michigan County Commissioner Re-elected— and Headed to Federal Prison
- Push to Digitize Rikers Island Mail Based on Faulty Drug Tests
- “Whoppergate” Embroils Georgia Sheriff
- News in Brief
- Turn Key Health Walks Away From Oklahoma County Jail
More from David Reutter:
- $2.4 Million Settlement Reached After Elderly Pretrial Detainee Strangled by Cellmate in San Antonio Jail, June 1, 2025
- Almost $4.4 Million for Illinois Prisoner’s Failure to Protect Claim, June 1, 2025
- Washington Appellate Court: Personal Restraint Petition Proper Vehicle to Challenge Community Supervision, June 1, 2025
- $2.8 Million Settlement in National NUMI Debit Release Card Class Action, June 1, 2025
- $6 Million Settlement in Illinois Detainee’s Gruesome Untreated Heroin Withdrawal Death, June 1, 2025
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
More from these topics:
- Mass Incarceration Weakens All Workers, May 1, 2025. Effects of Mass Incarceration, Fair Labor Standards Act (FLSA).
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Nearly 800 California Prisoners Battle Huge Los Angeles Wildfires—for About $1 an Hour, Feb. 15, 2025. Prison Labor, Emergency Aid Doctrine, Fair Labor Standards Act (FLSA).
- Washington Prisoners Prep for Firefighting Career After Release, Jan. 15, 2025. Prison Labor, Education, Post-release, ex-offender, re-entry, jobs, Emergency Aid Doctrine.
- California Supreme Court: Jail Detainees Not Entitled to Minimum Wage, or Any Wages, Dec. 15, 2024. Prison Labor, Fair Labor Standards Act.
- Angola Prisoners Granted Limited Relief From “Farm Line” Work, Nov. 15, 2024. Prison Labor, Grounds for Relief, Fair Labor Standards Act (FLSA).
- Rural Areas Increasingly Reliant on Imprisoned Emergency Responders, Oct. 15, 2024. Prison Labor, Fire Hazards, Rural Prisons, Fair Labor Standards Act.
- German High Court Finds Low Prisoner Wages Unconstitutional, Sept. 15, 2024. Prison Labor, Fair Labor Standards Act (FLSA).
- Missouri Sheriff Removed from Office for Using Detainee Labor on His Own Properties, Sept. 15, 2024. Guard Misconduct, Prison Labor.
- California Prisoner’s Generosity for Gaza Rewarded With Over $100,000, Aug. 15, 2024. Prison Labor, Advocacy.