(a) The Bureau of Prisons operates an inmate work program within its institutions. To the extent practicable, the work program:
(1) Reduces inmate idleness, while allowing the inmate to improve and/or develop useful job skills, work habits, and experiences that will assist in post-release employment; and
(2) Ensures that activities necessary to maintain the day-to-day operation of the institution are completed. Sentenced inmates who are physically and mentally able to work are required to participate in the work program. When approved by the Warden or designee, drug treatment programming, education, or vocational training may be substituted for all or part of the work program.
(b) The Warden may recognize an inmate's work performance or productive participation in specified correctional programs by granting performance pay.
[49 FR 38915, Oct. 1, 1984, as amended at 61 FR 379, Jan. 4, 1996]
Notes of Decisions
Nicastro v. Clinton, 882 F. Supp. 1128 (D.D.C. 1995).
· cites it 2× “28 C.F.R. § 545.20 . Physically and mentally able federal prisoners such as plaintiffs are legally required to participate in prison work programs.”
Oliver Thomas v. Joey Paul & M. Vigneault, 2019 DNH 153 (D.N.H. 2019).
“See 28 C.F.R. § 545.20 . Each sentenced inmate who can work is assigned to an institutional, industrial, or commissary work program.”
Robinson v. Morris (S.D. Ill. 2019).
“This is especially true where the conduct at issue involves allocation of prison staff or other resources and judgment calls about what is advisable to maintain the safety and security of a prison.”
Robinson v. United States (S.D. Ill. 2020).
“The BOP has broad discretion when regulating and administering prison employment, see Inmate Work and Performance Pay Program, 28 C.F.R. § 545.20 , et seq. Courts have frequently held that prison inmates do not qualify as “employees” who are subject to typical employment laws.”
Clark v. True (S.D. Ill. 2021).
“The BOP has broad discretion in prison employment decisions, see Inmate Work and Performance Pay Program, 28 C.F.R. § 545.20 , et seq. Prisoners are not “employees” who are protected by typical employment laws.”
Dorsey v. United States of Am. (M.D. Penn. 2020).
“; 28 C.F.R. § 545.20 . Inmates who are physically and mentally capable of working are required to participate in the work program.”
Dorsey v. United States of Am. (M.D. Penn. 2023).
“28 C.F.R. § 545.20 . Inmates who are physically and mentally capable of working are required to participate in the work program.”
Monty Shelton v. United States (Fed. Cl. 2013).
“See 28 C.F.R. § 545.20 (b) (“The Warden may recognize an inmate’s work performance or productive participation in specified correctional programs by granting performance pay.”
— 28 C.F.R. § 545.20(a) — 1 case
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