Harker v. State Use Industries

OPINION

WILKINSON, Circuit Judge:

This case presents the issue of whether inmates participating in prison work programs are covered by the Fair Labor Standards Act (“FLSA” or the “Act”). 29 U.S.C. § 201 et seq. Maryland inmate David W. Harker appeals the district court’s dismissal of his suit, in which he and other inmates claimed to be entitled to the federal minimum wage for work performed at a prison workshop located within the penal facility. Because we find no indication that the FLSA applies, or was ever meant to apply, to such inmates, we affirm the dismissal of this lawsuit.

I

Appellant…