In a groundbreaking decision, the highest court in Washington state has decreed that private prison operator GEO Group Inc is obligated to pay immigrant detainees participating in a work program the state minimum wage. This verdict challenges GEO Group’s assertion that an exemption in state wage laws, designed for inmates at government-run institutions, applied to civil detainees at a private facility in Tacoma, Washington.
The unanimous ruling by the nine-member Washington Supreme Court rejects GEO Group’s claim and asserts that detainees involved in the work program should be classified as ’employees.’ This decision carries significant weight, particularly as it refutes the notion that the exemption for individuals detained in “state, county, or municipal institutions” extends to privately-run, for-profit facilities.
The court’s decision comes amidst an appeal by GEO Group against two separate verdicts totaling $26.3 million. The first involves a $17.3 million jury verdict for hundreds of detainees who were compensated at a rate of $1 per day for various tasks, including cleaning, laundry, dishwashing, and staffing a barber shop and library. The second verdict, amounting to $6 million, was awarded to the state, which had sued GEO for unjust enrichment due to the failure to pay detainees the state minimum wage.
Washington’s minimum wage, set to increase to $16.28 per hour on January 1, is the highest in the nation. The court’s decision clarifies that the exemption in state law does not apply to privately-run facilities, emphasizing the importance of fair compensation for labor performed by detainees.
GEO Group, a Florida-based company, expressed disappointment in the court’s decision, noting its divergence from federal courts that have previously ruled that detainees are not entitled to the minimum wage under federal law. The company is determined to present its arguments and highlights the consistency of decisions across the country.
Washington Attorney General Bob Ferguson, a Democrat, hailed the ruling as a “major victory for Washington workers and basic human dignity.” The case, initiated in 2017 by a group of detainees, was consolidated with the state’s lawsuit in the subsequent year.
As the legal battle continues, the case now returns to the 9th U.S. Circuit Court of Appeals, which must apply the Washington Supreme Court’s decision in GEO Group’s ongoing appeals of the jury verdicts. This landmark ruling sets a precedent for the treatment and compensation of immigrant detainees engaged in work programs at private detention facilities across the country.
