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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 …
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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
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, by Kevin Bliss
- Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge, by Douglas Ankney
- Hep-C Treatment Needed in Los Angeles County Jails to Save Lives and Money
- Senate Votes to Increase Penalties for BOP Contraband Cellphone Smuggling
- 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
- Six Set Themselves on Fire at Virginia Prison in 2024
- Two-Week Lockdown at BOP Women’s Prison in Minnesota After Nine Overdoses, Two Deaths
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, by Douglas Ankney
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail
- Maryland Cancels Debt Owed by 6,715 Parolees
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, by David Reutter
- Ninth Circuit Greenlights Muslim Hawaii Prisoner’s Challenge to Early-Served Ramadan Meals, by Douglas Ankney
- Texas Executioners Playing Fast and Furious to Obtain Lethal Drugs
- 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
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport
- Pennsylvania Jail Guards Accused of Ripping Surgical Pin from Detainee’s Shoulder
- 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
- $1.5 Million Settlement Reached for Oregon Prisoner’s Untreated Traumatic Brain Injury
- Former Tacoma Reentry Center Severs Washington DOC Contract
- 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
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial
- South Dakota DOC Locks Down Third Prison in 2024
- 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”
- Colorado Legislature’s New Jail Oversight Committee Not Weighted in Detainees’ Favor
- 1994 Crime Bill Turns 30: A Legacy of Controversy
- 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
- Securus/JPay Video Calling Service Potentially Threatened by New Rate Caps
- 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:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- SCOTUS Shuts Down GEO Group Bid for Immunity in Suit by Colorado ICE Detainees, July 1, 2026. GEO Group/Wackenhut, Prison Labor, Sovereign Immunity, Interlocutory Appeals, Immigration Detention.
- Colorado Ordered to Stop Tossing Prisoners in Solitary for Refusing to Work, July 1, 2026. Prison Labor, Injunctions, Good Time, Constitution, state, Administrative Detention/Segregation.
- Federal Judge Upholds Infamously Brutal Farm Labor at Angola Prison, June 1, 2026. Racial Discrimination, Prison Labor, Exposure to Heat, Cruel and Unusual Punishment, Deliberate Indifference.
- Constitutional Challenge to Louisiana Prison “Farm Line” Granted Class Certification, March 1, 2026. Prison Labor, Exposure to Heat, Injunctions (PLRA), Class Certification, Americans with Disabilities Act.
- Incarcerated Women Featured in True Crime Media Face Flood of Sexual Harassment, March 1, 2026. Sexual Harassment, Prison Labor, Hygiene Supplies, Mail, TV/Movies.
- Missouri Prisoners Forced to Shovel Snow in Subzero Temperatures, Feb. 1, 2026. Retaliatory Segregation, Prison Labor, Work Conditions/Safety, Exposure to Cold, Administrative Detention/Segregation.
- Labor Coalition in Minnesota Demands Disney Contractor Pay Prisoners Minimum Wage, Jan. 1, 2026. Prison Industries, Prison Labor, Advocacy, Contractor Liability, jobs.
- Wisconsin DOC Is Not Tracking Work Release Data, Jan. 1, 2026. Work Release, Prison Labor, Statistics/Trends, Fair Labor Standards Act.
- How I Learned to Transcribe Braille in Prison, Jan. 1, 2026. Prison Labor, Education, Rehabilitation/Recidivism, jobs.
- Hyundai and Kia Sued in California for Use of Prison Labor in Southern States, Dec. 1, 2025. Work Release, Prison Labor, Work Conditions/Safety, Fair Labor Standards Act (FLSA).

