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Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons by Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor …
Article • January 15, 2003 • from PLN January, 2003
FLSA Inapplicable to Oklahoma Prisoners in Private Prisons by An Oklahoma appellate court held that the Fair Labor Standards Act, (FLSA) does not apply to prisoners in private prisons. Michael Washington, a prisoner of the Oklahoma Department of Corrections, (ODOC), was transferred to the Great Plains Correctional Facility, (GPCF), a …
Slave Labor O.K. FLSA Does Not Apply to Detainees by by Matthew T. Clarke The Third Circuit court of appeals has held that detainees who won their appeals, but the state appealed further, are still "duly convicted" detainees for purposes of the Thirteenth Amendment's prohibition on slavery, even if the …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
Article • February 15, 1998 • from PLN February, 1998
Florida PRIDE Employees Denied Minimum Wages by James Quigley The court of appeals for the eleventh circuit affirmed summary judgment against Florida state prisoners who claimed entitlement to the federal minimum wage under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The court held that the private, non …
Seventh Circuit Applies ADA to Prisoners by The court of appeals for the seventh circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, explicitly apply to state prisoners. Anyone litigating an ADA or RA claim will find …
Article • May 15, 1997 • from PLN May, 1997
California PIA Employees Lose Minimum Wage Suit by The court of appeals for the ninth circuit affirmed dismissal of a suit by California Prison Industrial Authority (PIA) prisoners who filed suit claiming they were entitled to the minimum wage under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § …
Second Circuit Rejects Prison FLSA Claim, Modifies Standard by [Editor's Note: The following article is the first of a three part series on prison slave labor. The other two articles will appear in the next two issues of PLN.] The court of appeals for the second circuit held that the …
No FLSA Protection for Work Release Prisoners by The court of appeals for the fifth circuit held that neither the Federal Fair Labor Standards Act (FLSA) nor Louisiana law offered relief to a work release prisoner challenging a contractual provision requiring he contribute ten percent of his net earnings to …
Article • September 15, 1995 • from PLN September, 1995
Economic Reality Applied to FLSA Claims by Prisoners' struggle to be paid the minimum wage for their labor has met yet another setback. Nevada statute § 209.461(1)(b) requires all state prisoners, not in segregation or with a medical excuse, to work or go to school forty hours a week. Walter …
Article • January 15, 1995 • from PLN January, 1995
No FLSA Protection for Prisoner Workers by Past issues of PLN have extensively reported on the struggles by prisoners to obtain the minimum wage for industrial and production work performed in prison. Much of this litigation has focused on the federal Fair Labor Standards Act (FLSA) 29 U.S.C. § 201-219 …
Article • May 15, 1994 • from PLN May, 1994
Prisoners Employed by PIA Seek Minimum Wages by Mark Merin By Mark Merin Prisoners who have worked for the California Prison Industries Authority ("PIA") have filed a lawsuit in the United States District Court in Sacramento to obtain minimum wage for their work (now $4.25 per hour) instead of the …
WI Prisoners Not Entitled to Minimum Wage by In part of the continuing struggle to obtain minimum wages for their labor, five Wisconsin prisoners filed suit under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et seq. The Wisconsin prison industries program, under the name of Badger State …
Prison Slavery Upheld, Again by Ed Mead By Ed Mead Prisoners in various Minnesota correctional facilities filed a class action suit in an effort to secure minimum wages for the work they performed in the many prison industries. The industries in question produce items such as furniture, truck and auto …
Article • September 15, 1993 • from PLN September, 1993
Prisoners as Workers: Court Defines Applicability of FLSA by Ed Mead By Ed Mead Court Defines Applicability of Fair Labor Standards Act Many years have passed since the era of liberal court rulings in the field of prisoners' rights. These ground-breaking decisions were handed down in the wake of a …
Cons Entitled to Minimum Wage by Adrian Lomax By Adrian Lomax In an encouraging decision, the 9th Circuit U.S. Court of Appeals has ruled that prisoners employed by the industry program in Arizona state prisons must be paid minimum wage. Arizona prisoners are required by statute to "engage in hard …
No Minimum Wages for Convicts by No Minimum Wages For Convicts Prisoners are not entitled to minimum wages or overtime pay, according to a federal appeals court. Prisoners who worked in the plasma program operated by a private company (Cutter Biological) on prison grounds sued, asserting that they were covered …
Article • September 15, 1991 • from PLN September, 1991
Prisoners Are Entitled to Recovery For Underpayment of Wages by Mark Cook Prisoners Are Entitled To Recovery For Underpayment Of Wages By Mark Cook, Leavenworth, Kansas There are over one Million prisoners in the United States, yet we are not counted as part of the US statistical labor force. It …
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