A criminal defendant ordered to perform community service in order to avoid conviction on minor charges is not an “employee” of the nonprofit or public agency for which the defendant works, and the labor is not covered by the wage and hour requirements of the Fair Labor Standards Act, a federal court in New York has ruled. A claim by three defendants who performed community service in anticipation of an “adjournment in contemplation of dismissal” (“ACD”) of the charges against them has been dismissed by the court. The crimes for which the defendants were facing prosecution were jumping a subway turnstile, speeding and possessing a “gravity knife,” and resisting arrest after running a red...