Henthorn v. Department of Navy, No. 92-5382 (D.C. Cir.) (29 F.3d 362) (July 22, 1994) (Judge David B. Sentelle)
The Court held that "a prerequisite to finding that an inmate has "employee" status under the FLSA is that the prisoner has freely contracted with a non-prison employer to sell his labor. Under this analysis, where an inmate participates in a non-obligatory work release program in which he is paid …
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