Prison Labor: Can The Law Reduce Inmate Salaries?

Prison labor has been a contentious issue in the United States, with a history rooted in the criminalization and effective re-enslavement of Black people. While work opportunities in prisons are meant to provide inmates with skills and income, the reality is often one of exploitation and coercion, with inmates facing unsafe working conditions, arbitrary assignments, and extremely low pay. In some cases, inmates are not paid at all for their labor and are subject to various fees and deductions that leave them with little to no disposable income. This raises important questions about the role of prison labor in the modern criminal justice system and the need for legal reforms to protect the rights and well-being of incarcerated workers.

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Incarcerated workers are exempt from minimum wage laws and overtime protection

The roots of modern prison labor can be found in the ratification of the exception clause at the end of the Civil War, which disproportionately encouraged the criminalization and effective re-enslavement of Black people during the Jim Crow era. Today, incarcerated workers surveyed by the Bureau of Justice Statistics say that they are required to work or face additional punishment such as solitary confinement, denial of opportunities to reduce their sentences, and loss of family visitation. They have no right to choose what type of work they do and are subject to arbitrary, discriminatory, and punitive decisions by prison administrators who select their work assignments.

Incarcerated workers typically earn little to no pay at all, with many making just pennies an hour. They earn, on average, between 13 cents and 52 cents per hour nationwide, with some earning as little as 14 cents per hour. In seven states, incarcerated workers are not paid at all for the vast majority of work assignments. The government takes up to 80% of these wages for "room and board," court costs, restitution, and other fees like building and sustaining prisons. These wage deductions generally leave incarcerated workers with less than half of their gross pay.

Prison work that provides meaningful experience and skills, rather than punitive exploitation, can facilitate rehabilitation. However, the existing system often offers nothing beyond coercion and exploitation. State and federal lawmakers and prison authorities should eliminate laws and policies that punish incarcerated workers who are unable or unwilling to work. This will ensure that prison work is voluntary and that people who refuse are not held in solitary or denied other benefits. Incarcerated workers should be guaranteed the same labor and wage protections as everyone else, including minimum wage, health and safety standards, the ability to unionize, protection from discrimination, and speedy access to redress when their rights are violated.

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Prison labor is rooted in the criminalization and re-enslavement of Black people

Prison labor in the United States is deeply rooted in the criminalization and re-enslavement of Black people. The 13th Amendment, ratified in 1865, abolished slavery—but it also legalized slavery as a punishment for a crime. This exception clause disproportionately impacted Black people, who were targeted by Black Codes that criminalized mundane activities and led to their imprisonment and forced labor. This dynamic persists today, with incarcerated workers facing exploitation, a lack of legal protections, and meager wages that are largely withheld.

The history of prison labor in the US is inextricably linked to the legacy of slavery and the criminalization of Black communities. Following the abolition of slavery, Southern states enacted Black Codes, laws that criminalized activities such as loitering, breaking curfew, and unemployment, which were often used to target formerly enslaved Black individuals. This period also saw the emergence of convict leasing, where states leased convicts to private businesses as a source of cheap labor, perpetuating a system of forced labor akin to slavery.

Black Codes and convict leasing played a significant role in the development of the modern prison system and the exploitation of prison labor. The ratification of the 13th Amendment's exception clause at the end of the Civil War set the stage for the criminalization and re-enslavement of Black people during the Jim Crow era. This dynamic continues to have repercussions today, with incarcerated workers, the majority of whom are people of color, facing coercion and exploitation.

Incarcerated workers in the US are excluded from fundamental labor protections and are often subject to hazardous work conditions. They are not covered by minimum wage laws, overtime protections, or workplace safety guarantees. The wages they earn, which range from 13 to 52 cents per hour, are largely withheld by the government for "room and board," court costs, and other fees. In some cases, incarcerated workers are not paid at all for their labor.

The exploitation of prison labor is not just a historical issue but a contemporary one as well. More than 76% of incarcerated workers surveyed by the Bureau of Justice Statistics reported being required to work under the threat of punishment. The prison system, driven by a desire for cheap labor, perpetuates a cycle of coercion and exploitation, with little regard for the rehabilitation or well-being of incarcerated individuals.

In conclusion, prison labor in the United States has its roots firmly planted in the criminalization and re-enslavement of Black people. The legacy of slavery and the discriminatory enforcement of laws have led to a system that exploits incarcerated individuals, disproportionately impacting communities of color. Addressing this issue requires recognizing the inherent rights of incarcerated workers and treating them with the same dignity and protections afforded to all workers.

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Prison work can be exploitative and unsafe

The exception clause in the 13th Amendment has led to the exploitation of incarcerated workers, who are often underpaid and excluded from workplace safety protection laws. In many states, incarcerated workers earn mere pennies per hour, far below the federal minimum wage, and are not covered by minimum wage laws, overtime protection, or the right to unionize. They are also denied workplace safety guarantees and are sometimes exposed to dangerous toxins on the job. In addition, prisons charge inmates exorbitant costs for basic necessities, such as phone calls, hygiene products, and medical care, further reducing their disposable income.

The University of Chicago Law School's Global Human Rights Clinic and the American Civil Liberties Union (ACLU) released a report, "Captive Labor: Exploitation of Incarcerated Workers," which found that incarcerated workers generate billions of dollars worth of goods and services annually but are paid very low wages. The report calls for reforms to ensure that prison labor is truly voluntary and that incarcerated workers are paid fairly, properly trained, and able to gain transferable skills.

Prisoners are engaged in various forms of labor, including agriculture, animal husbandry, manufacturing soap and clothing items, food service, warehouse work, plumbing, painting, and inmate orderlies. While some prisoners are paid for their labor, others receive non-monetary rewards, such as time credits that can lead to early release. However, even the meager wages earned by prisoners are subject to deductions of up to 80% for "room and board," court costs, restitution, and other fees. As a result, prisoners are often left with less than half of their gross pay.

The existing system of prison labor often offers little beyond coercion and exploitation, and there is a need for reforms to ensure that prison work is voluntary and that incarcerated workers have the same labor and wage protections as other workers. This includes minimum wage, health and safety standards, the ability to unionize, protection from discrimination, and access to redress when their rights are violated.

Incarcerated people are charged for basic necessities, phone calls, and medical care

Prisons often provide incarcerated people with jobs, but these jobs pay little to nothing, with many workers making just pennies an hour. In some states, incarcerated workers are not paid at all for the majority of work assignments. Incarcerated workers are not covered by minimum wage laws, overtime protection, or workplace safety guarantees. They are also denied the right to unionize. The meagre wages they receive are further diminished by the government, which takes up to 80% for "room and board", court costs, restitution, and other fees.

The high cost of living in prison is further exacerbated by the fact that incarcerated people are charged exorbitant costs for basic necessities, phone calls, and medical care. Prison systems charge incarcerated people high prices for basic hygiene products, and medical co-pays can also take a large chunk out of their paychecks. Phone calls are also incredibly expensive, with monthly costs ranging from $50 to $100. This is due to high one-time fees, processing fees, and phone call rates implemented by telecommunications companies. Some families report spending $300 to $500 a month to stay in touch with their incarcerated loved ones.

The high cost of phone calls has been a topic of concern for advocates, who argue that incarcerated people in the US are overcharged for basic phone calls. While a new law aimed at capping these costs recently went into effect, a report shows that the costs of other essential services like video and electronic messaging are escalating. While some states have implemented free-call programs, and the CARES Act allowed for no-charge visitation via video and phone during the pandemic, the high costs of phone calls remain a burden for many families.

The low wages and high cost of living in prison make it difficult for incarcerated people to access even basic necessities. Incarcerated people already had a median annual income that was 41% lower than non-incarcerated people of similar ages before their imprisonment, and the low wages they earn in prison make it challenging to afford essential items. While some states provide limited assistance to indigent incarcerated people, the eligibility criteria are often very strict, and the amount of assistance provided is minimal. In some states, the assistance is treated as a loan that must be repaid, pushing people into debt.

Prison labor can facilitate rehabilitation and provide meaningful experience

Prison labor has been a part of the American justice system since the country's early history. The 13th Amendment to the U.S. Constitution, which abolished slavery, explicitly excluded those imprisoned due to a criminal conviction, allowing for the continued use of prison labor. While the practice has faced criticism for its exploitative nature and lack of labor protections, proponents argue that prison labor can facilitate rehabilitation and provide meaningful experience for inmates.

Prison labor has the potential to offer inmates valuable skills and experience that can aid in their reintegration into society. Inmates engaged in prison labor often perform maintenance work, such as janitorial duties, grounds maintenance, food preparation, and laundry services. These tasks can provide inmates with a sense of routine, structure, and responsibility, which can contribute to their personal development and prepare them for employment upon release. Additionally, some inmates may acquire specialized skills, such as manufacturing, agriculture, or animal husbandry, which can enhance their employability and facilitate a smoother transition back into the community.

The Texas Department of Criminal Justice, for example, emphasizes that prison labor equips inmates with the skills and experience necessary for gainful employment after their release. The state-owned businesses employing incarcerated workers generate over $2 billion in goods and services annually, demonstrating the economic value created by these programs. Furthermore, inmates who participate in work-release programs or community work centers can gain experience working with public or nonprofit agencies, improving their chances of securing stable employment upon their return to society.

However, it is essential to address the concerns surrounding the exploitation and inadequate labor protections for incarcerated workers. Inmates are often subject to mandatory labor, with more than 76% of surveyed workers reporting the requirement to work under the threat of punishment. The exclusion of incarcerated workers from minimum wage laws, overtime protection, and the right to unionize further exacerbates the exploitative nature of prison labor. Additionally, health and safety standards are frequently overlooked, resulting in hazardous work conditions that put inmates' well-being at risk.

To realize the rehabilitative potential of prison labor, reforms are necessary to ensure voluntary participation, fair compensation, and adherence to labor standards. Incarcerated workers should be afforded the same labor protections as those outside the prison system, including minimum wage, health and safety regulations, and the right to unionize. By addressing these concerns, prison labor can become a tool for rehabilitation, providing inmates with meaningful skills and experiences that facilitate their successful reintegration into society.

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