Immigrant Detainees Not Covered By FLSA, 4th Circ. Says

By Max Kutner (March 8, 2021, 1:48 PM EST) -- Individuals detained by U.S. Immigration and Customs Enforcement who take part in work programs are not employees under federal labor law and therefore not owed wages, the Fourth Circuit ruled, finding that it's up to Congress and not the courts to remedy that status.

In an opinion published Friday, a unanimous Fourth Circuit panel said immigrants at an ICE facility in New Mexico were not employees under the Fair Labor Standards Act and thus not entitled to minimum wages from a detention services operator. Courts have held that there is no employer-employee relationship in a custodial setting, the panel said....

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