4th Circuit denies Baltimore County's request for rehearing in inmates' FLSA lawsuit
The 4th Circuit has denied Baltimore County’s request for it to reconsider its ruling that inmates who work at a recycling facility could be considered employees. The U.S. Court of Appeals for the 4th Circuit has denied Baltimore County's request for a rehearing in a lawsuit brought by inmates who work at a recycling facility. The court's ruling, which was a first for the court, stated that incarcerated workers who work outside of detention facilities can be considered employees under the Fair Labor Standards Act. Baltimore County argued that this could significantly limit jurisdictions' ability to assign inmates to work outside and recoup some expenses of housing inmates, leading to increased FLSA litigation and burdening courts. The county has indicated its plans to seek review from the U.K.
Опубликовано : 10 месяцев назад от Rachel Konieczny в Environment
The U.S. Court of Appeals for the 4th Circuit has denied Baltimore County’s request for the full bench to reconsider the court’s ruling that determined inmates who work at a recycling facility could be considered employees under the Fair Labor Standards Act.
In an order filed last week, the 4th Circuit denied Baltimore County’s petition for a rehearing , solidifying the court’s three-judge panel ruling that found “there is no categorical rule” that incarcerated workers cannot be covered by the FLSA when they work outside a detention facility and for someone other than their immediate detainer.
While the panel has specified that their ruling is limited and does not mean that every incarcerated person working outside a detention facility is covered by the FLSA, the decision marked a first for the 4th Circuit, which had never before considered whether inmates who work exclusively for the benefit of the government outside of prison walls may be covered under the FLSA.
Howard Hoffman, counsel for Michael Scott and the more than 500 inmates who brought the lawsuit against Baltimore County, said he agreed with the 4th Circuit’s ruling denying a rehearing.
“We believe the Fourth Circuit dealt appropriately with the County’s petition and we look forward to further proceedings in the District Court leading to proper compensation for these very hard working and deserving workers,” Hoffman said in an email Tuesday.
Counsel for Baltimore County did not respond to a request for comment on Tuesday.
Scott, who previously worked at a Baltimore County recycling facility as an inmate at the Baltimore County Detention Center, brought the class-action lawsuit against the county to recover unpaid wages, overtime and damages.
Inmates working at the recycling facility made $20 per day for 12-hour workdays, Hoffman said, working some days in freezing conditions or when temperatures reached more than 100 degrees Fahrenheit.
Baltimore County, in its rehearing petition, argued the 4th Circuit’s decision “drastically extends the reach of the FLSA” and could create a new class of inmate “employees” with vast implications.
“As a result, this case severely curtails the ability of governments to provide rehabilitative opportunities for inmates that help offset the substantial taxpayer burden of incarceration,” counsel for Baltimore County wrote in the petition.
The county also claimed the ruling will substantially limit jurisdictions’ ability to assign inmates to work outside of prisons and recoup some expenses of housing inmates, in addition to increasing FLSA litigation and burdening courts.
Hoffman said Baltimore County has indicated its plans to seek review from the U.S. Supreme Court. The county has 90 days from the date of the 4th Circuit’s denial of its petition for rehearing to file a petition for writ of certiorari.
A spokesperson for Baltimore County declined to comment, citing the ongoing litigation.
Темы: Lawsuits, Environment-ESG