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HARKER v. STATE USE INDUSTRIES

No. 92-1296.

990 F.2d 131 (1993)

David W. HARKER, Plaintiff-Appellant, and State Use Industry Envelope Shop Inmates; State Use Industry Warehouse Inmate Workers; State Use Industry Graphics Shop Inmate Workers; State Use Industry Jbruch & Carton Shop Inmate Workers, Plaintiffs, v. STATE USE INDUSTRIES; Commissioner of Corrections; SUI Regional Manager for Graphics; SUI Graphics Manager; SUI Warehouse Manager; SUI Envelope Shop Manager; SUI Graphics Shop-ECI; Louis Albert, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1993.

Attorney(s) appearing for the Case

H. Anthony Lehv, Student Atty., Appellate Advocacy Clinic, Washington, DC, argued (Jennifer P. Lyman, Adam G. Silverstein, Student Attys., on brief), for plaintiff-appellant.

Lucy Adams Cardwell, Asst. Atty. Gen., Baltimore, MD, argued (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), for defendants-appellees.

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

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...

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