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Westlaw News

Immigrant detainees not owed minimum wage under FLSA- 4th Circuit

Immigrant detainees at a facility in New Mexico run by CoreCivic Inc were not the private prison operator’s employees and were not owed the minimum wage for their participation in a work program, a U.S. appeals court ruled on Friday.

A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals said the minimum wage set by the federal Fair Labor Standards Act was designed to ensure that workers can maintain a minimal standard of living, but detainees have their basic needs provided for them and do not participate in the “free labor market.”

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