Sec. 3. Coverage of incarcerated firefighters under the fair labor standards act of 1938
458 words·~2 min read·
/bill/119/hr/3614/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is amended— in subsection (e)— in paragraph (2)— in subparagraph (B), by striking ; and and inserting a semicolon; in subparagraph (C)(ii)(V), by striking the period at the end and inserting ; and ; and by adding at the end the following: any individual employed as an incarcerated firefighter by a public agency that operates the correctional facility in which such individual is incarcerated or detained. ; and by adding at the end the following:
The term employee includes any individual employed as an incarcerated firefighter by a private entity that operates, through a contract with a public agency, the correctional facility in which such individual is incarcerated or detained. ; in subsection (m)(1), by striking any employee. and inserting any employee: Provided further, That, in the case of an employee who is an incarcerated firefighter, the cost of board, lodging, or other facilities and any amount taken from amounts paid such incarcerated firefighter for payment of a court-imposed fee shall not be included in the wage paid to such employee. ; and by adding at the end the following:
The term incarcerated firefighter means an individual who is incarcerated in a correctional facility operated by a public agency or facilitated or operated by a private entity through a contract with a public agency and who performs firefighting or emergency response services work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, State prison industries, public works programs, restitution centers, correctional facility operations and maintenance, or private entities.
An incarcerated firefighter shall be considered employed by— the public agency operating the correctional facility in which the individual is incarcerated or detained; or in a case in which the individual is incarcerated or detained in a correctional facility operated by a private entity through a contract with a public agency, such private entity. Correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court.
Court-imposed fee means any fee imposed by a court as a result of a criminal conviction, including any surcharge imposed for a felony or misdemeanor conviction, a criminal justice administrative fee, a court-appointed attorney fee, a court clerk fee, a filing clerk fee, a DNA database fee, a jury fee, a crime lab analysis fee, a late fee, an installment fee, or any other court cost. The term court-imposed fee does not include any amount required by a court to be paid for child support, to a crime victim compensation fund, for a civil judgment, or for a criminal fine. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3
Coverage of incarcerated firefighters under the fair labor standards act of 1938
Cites 1Cited by 0 across 0 sources