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9th U.S. Circuit Court of Appeals,
California Supreme Court,
Government

Jul. 29, 2024

Jail detainees can't claim minimum wage, overtime for private company work

The 9th Circuit ruling concluded that section 4019.3 of the California Penal Code, which permits counties to compensate prisoners for work done in county jail at rates far below minimum wage, applies broadly to all county inmates, including pretrial detainees, working in the county jail.

Incarcerated detainees working for a private company do not have a claim for minimum wage and overtime even if they have not been convicted of a crime, a 9th U.S. Circuit Court of Appeals ruled Friday.

The decision, by Senior 9th Circuit Judge Sidney R. Thomas for a three-judge panel, affirmed an April ruling by the state Supreme Court - to which it had asked a certified question about the case - and granted Alameda County's motion to dismiss.

"The California S...

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