A federal judge has ruled that a lawsuit against Lackawanna County and Lackawanna Recycling Center Inc. can proceed as a class action, representing hundreds of individuals who claim they were coerced into working for sub-minimum wages. In a 66-page ruling issued Wednesday, U.S. District Judge Robert Mariani expanded the scope of the case to include a potential pool of approximately 1,760 plaintiffs. These individuals were jailed for failing to pay child support and allege they were required to work at the Scranton recycling facility for just $5 a day as a prerequisite for the prison’s work release program.
The litigation, led by initial plaintiffs William Burrell, Dampsey Stuckey, and Joshua Huzzard, challenges a long-standing policy that required child support debtors to sort through refuse on Boulevard Avenue before becoming eligible for traditional employment. The lawsuit alleges that this system amounted to forced labor and violated the Fair Labor Standards Act by failing to pay federal minimum wage. While the county argued the program was a form of community service, the plaintiffs contend the work—performed in hazardous conditions including exposure to toxic materials and medical waste—benefited a private enterprise. The specific work program at the center was shuttered in 2020 due to the COVID-19 pandemic, but the lawsuit continues to seek retroactive pay and damages for those affected.
