Max Kutner

5 days ago | law360.co.uk | Daniela Alexandra Porat |Marco Poggio |Max Kutner |Irene Spezzamonte

Prisoners returning from a farm detail are escorted by a prison guard mounted on a horse that had been broken by the prisoners at Louisiana State Penitentiary in Angola, Louisiana. (AP Photo/Gerald Herbert) In prisons, immigration detention centers and jails across the country, incarcerated people mop hallways, sew uniforms, file papers, raise crops, make furniture, bake bread and recycle trash.

5 days ago | law360.com | Max Kutner

Audio By Max Kutner | May 8, 2025, 7:22 PM EDT · Listen to article Your browser does not support the audio element. The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is continuing to develop.

6 days ago | law360.co.uk | Max Kutner

The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is continuing to develop. The U.S. Supreme Court in April declined to review a Fourth Circuit panel decision that paved the way for a potential finding that incarcerated workers in some circumstances can be employees under the Fair Labor Standards Act, but other petitions remain pending.

6 days ago | law360.co.uk | Max Kutner

While courts grapple with whether incarcerated workers are employees under the Fair Labor Standards Act and thus entitled to minimum wage and other protections, congressional Democrats plan to make another attempt to update the statute to answer that question. The Fair Wages for Incarcerated Workers Act would amend the FLSA to clarify that the term "employee" includes incarcerated workers in publicly and privately operated detention centers. This would entitle those people to minimum wage.

1 week ago | law360.com | Max Kutner

This article has been saved to your Favorites! By Max Kutner · 2025-05-08 19:22:33 -0400 · Listen to article Your browser does not support the audio element. The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is continuing to develop.