{"id":1719,"date":"2024-02-19T10:11:58","date_gmt":"2024-02-19T15:11:58","guid":{"rendered":"https:\/\/pilr.richmond.edu\/?p=1719"},"modified":"2024-02-20T10:39:25","modified_gmt":"2024-02-20T15:39:25","slug":"prison-labor-or-modern-day-slavery","status":"publish","type":"post","link":"https:\/\/blog.richmond.edu\/pilr\/2024\/02\/19\/prison-labor-or-modern-day-slavery\/","title":{"rendered":"Prison Labor or Modern-Day Slavery?"},"content":{"rendered":"

\u00a0By: Payton Ward<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Introduction <\/strong><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 In a country incarcerating nearly 1.9 million people,[1]<\/sup><\/a> 61% of inmates have work assignments[2]<\/sup><\/a> and \u201chave been stripped of even the most minimal protections against labor exploitation and abuse.\u201d[3]<\/sup><\/a> Oftentimes, prison workers are assigned to work under dangerous conditions and generate billions of dollars worth of goods, with little to no pay.[4]<\/sup><\/a> If they refuse to work, they face major repercussions.[5]<\/sup><\/a> Few remedies are available to them, as the 13th Amendment of the Constitution and the Fair Labor Standards Act[6]<\/sup><\/a> afford them little to no protection.<\/p>\n

The 13th<\/sup> Amendment <\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>The 13th Amendment was passed in 1865 and made slavery and involuntary servitude illegal, \u201cexcept as punishment for crime.\u201d[7]<\/sup><\/a> This exception clause of the 13th Amendment opened the door for mass incarceration, modern-day slavery, and encouraged criminalization \/ re-enslavement of minorities.[8]<\/sup><\/a> Unsurprisingly, this Amendment is often challenged.[9]<\/sup><\/a> Advocates for prison labor rights have said that the 13th Amendment has simply replaced slave labor with free prison labor and is, in essence, modern-day slavery.[10]<\/sup><\/a><\/p>\n

What Prison Labor Looks Like Today<\/strong><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Incarcerated workers are producing goods and\/or services for private companies, engaging in agriculture work, working for emergency services, and much more.[11]<\/sup><\/a> This work is often involuntary, with risks of longer sentencing, solitary confinement, abuse, and lack of visitation rights if they refuse.[12]<\/sup><\/a> According to the American Civil Liberties Union, 70% of workers said their prison wages did not help them afford necessities, 64% were concerned with work safety, 70% received no job training, and 76% reported being forced to work.[13]<\/sup><\/a> Prison labor exploits incarcerated workers, their families, and taxpayers while generating major profits for private corporations, states, and prisons.[14]<\/sup><\/a> Inmates\u2019 minimal wages are often subject to fees for room and board.[15]<\/sup><\/a> But these fees don\u2019t substitute federal funding and private prisons are collecting additional funds, allowing prisons to pocket taxpayer money.[16]<\/sup><\/a> Prisons are using less than 1% of their budget to pay incarcerated workers.[17]<\/sup><\/a><\/p>\n

States are also benefiting from incarcerated labor.[18]<\/sup><\/a> In Washington state, incarcerated workers\u2019 pay ranges from 65 cents to $2.70 an hour, while the state itself has a minimum wage of $16.28 per hour. In 2022, Washington state acquired $46.2 million from incarcerated labor.[19]<\/sup><\/a> Like Washington, many states believe they are saving a significant amount of money by having this cheap labor force available.[20]<\/sup><\/a> While the employers themselves might benefit, this hiring practice hurts taxpayers by allowing corporations and institutions to profit. Taxpayer money allocated to running federal prisons is being pocketed by institutions by creating a workforce of unpaid labor.[21]<\/sup><\/a>\u00a0 Corporations are able to set up joint ventures to sell items nationwide through the Prison Industry Enhancement Certification Program. This program is supposed to allow for realistic working conditions and prevailing wages, yet often members of the program are violating those wage requirements.[22]<\/sup><\/a> Incarcerated workers are not required to be paid minimum wage, and nationally are only paid an average of 13 to 52 cents per hour. [23]<\/a><\/sup> An article from 1973 notes the average pay per day was 34 cents and, unfortunately,\u00a0 not much has changed since. [24]<\/sup><\/a> Many states do not disclose the actual wages earned by incarcerated workers, and when states do decide to disclose some information, access to it is limited.[25]<\/sup><\/a> Some states do not pay incarcerated workers at all.[26]<\/sup><\/a> Corporations, such as\u00a0 Gold Medal Flour, Coca-Cola, Frosted Flakes, Dominos, and Papa John\u2019s, are benefiting from this cheap labor alternative[27]<\/sup><\/a> that should be illegal.<\/p>\n

Incarcerated work often goes beyond facility maintenance and producing goods for private companies. Thirty states use incarcerated workers for emergency services, many of which are inherently dangerous.[28]<\/sup><\/a> During Covid-19, incarcerated workers were making masks, digging graves, and transporting bodies.[29]<\/sup><\/a> Yet, these workers were denied access to early vaccines, making it seem as if their lives were\u00a0 disposable.[30]<\/sup><\/a> Incarcerated workers in southern states often engage in heavy architectural operations[31]<\/sup><\/a> on farms that were former slave plantations, further mimicking slave labor of the past.[32]<\/sup><\/a> Without regulating workplaces and providing adequate pay, how is prison labor different from slave labor used years ago?<\/p>\n

Working conditions for incarcerated workers are often lacking, with inadequate water sources available and no sunscreen for those working outside for over 12 hours at a time. They are designated little to no sick days.[33]<\/sup><\/a> Due to these conditions, former inmates have reported that some days guards or horses would collapse from the heat, while\u00a0 incarcerated workers were still required to work despite the elements.[34]<\/sup><\/a> Incarcerated workers have also been forced to\u00a0 help with hurricane clean up and forest fires, at times working up to 24 hours and only earning $2 a day.[35]<\/sup><\/a> Researchers have found hundreds of workplace injuries suffered by\u00a0 incarcerated workers, including inmates being hit by cars, losing limbs, or being impaled.[36]<\/sup><\/a> The Occupational Safety and Health Administration requires providing safe workplaces, unless workers are incarcerated<\/em>.[37]<\/sup><\/a> The Bureau of Prisons provides some federal health and safety regulations for incarcerated workers, but states determine these protections individually, and some states do not provide any protections.[38]<\/sup><\/a> Often when injuries do occur there are little to no protections, with many barriers to sue.[39]<\/sup><\/a><\/p>\n

What Better Training, More Safety Regulations, and Higher Pay Could Do <\/strong><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Advocates say that paying inmates minimum wage would have a positive economic impact by providing workers with resources to support their families and themselves upon release. [40]<\/a><\/sup> Some advocates suggest creating a system that holds a portion of wages earned in a fund to only be accessed post incarceration.[41]<\/sup><\/a> What about inmates who are in prison for life? One suggestion would be allowing a certain wage percentage to go to family members outside of prison. However, this has its own risks such as coercion by family members. Another suggestion would be to allow these inmates to access these funds on a payment schedule. Allowing inmates to leave incarceration with money for transportation, housing, food, etc., will hopefully decrease recidivism.[42]<\/sup><\/a> Properly training inmates can also lead to better rehabilitation and societal integration post incarceration.[43]<\/sup><\/a> In theory, the goal of incarceration is rehabilitation and successful reentry of the formerly incarcerated into our society.[44]<\/sup><\/a> The lack of proper training fails to give inmates transferable skills upon exiting the system and the current working conditions do nothing further than create modern-day slave labor and a lack of resources for incarcerated workers upon release. Advocacy \u201cis not for no work for incarcerated individuals, but for adequate pay, humane conditions, safe conditions and voluntary work:\u201d[45]<\/sup><\/a> the bare minimum.[46]<\/sup><\/a><\/p>\n

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[1]<\/a> Ashley Nellis, Mass Incarceration Trends<\/em>, THE SENT\u2019G PROJECT (Jan. 25, 2023), https:\/\/www.sentencingproject.org\/reports\/mass-incarceration-trends\/; Alex Resney, Mass Incarceration in the United States<\/em>, BALLARD BRIEF (2019), https:\/\/ballardbrief.byu.edu\/issue-briefs\/mass-incarceration-in-the-unitedstates#:~:text=The%20United%20States%20contains%20only%205%25%20of%20the,those%2 0from%20disadvantaged%20neighborhoods%20and%20people%20of%20color (\u201cThe United States contains only 5% of the world\u2019s population, but accounts for a quarter of prisoners worldwide\u201d).<\/p>\n

[2]<\/a> What are Prison Work Programs & How Common Are They?<\/em>, USA Facts (Sep. 22, 2022), https:\/\/usafacts.org\/articles\/what-are-prison-work-programs-and-how-common-are-they\/#:~:text=Work%20programs%20are%20available%20in%20all%2050%20states,are%20available%20in%20about%20half%20of%20all%20prisons (inmates may participate in prison operations, prison industry programs, public work programs, and private company work).<\/p>\n

[3]<\/a> Captive Labor: Exploitation of Incarcerated Workers<\/em>, ACLU (June 15, 2022), https:\/\/www.aclu.org\/news\/human-rights\/captive-labor-exploitation-of-incarcerated-workers.<\/p>\n

[4]<\/a> See <\/em>Sarah Payne, The Economic Impact for Incarcerated Individuals and Taxpayers<\/em>, Princeton Legal J. (2021), https:\/\/legaljournal.princeton.edu\/the-economic-impact-of-prison-labor-for-incarcerated-individuals-and-taxpayers\/.<\/p>\n

[5]<\/a> Robin McDowell & Margie Mason, Prisoners in the US Are Part of a Hidden Workforce Linked to Hundreds of Popular Food Brands<\/em>, Anchorage Daily News (Jan. 29, 2024), https:\/\/www.adn.com\/nation-world\/2024\/01\/29\/prisoners-in-the-us-are-part-of-a-hidden-workforce-linked-to-hundreds-of-popular-food-brands\/ (risking chances of parole and other punishments if refusing to work); see also U.S. Prison Labor Programs Violate Fundamental Human Rights, New Report Finds<\/em>, UChi. News (Jun. 16, 2022), https:\/\/news.uchicago.edu\/story\/us-prison-labor-programs-violate-fundamental-human-rights-new-report-finds (discussing punishments for refusal to work); see also<\/em> Megan Russo, Regulating Prison <\/em>Labor, The Regul. Rev. (Oct. 20, 2021), https:\/\/www.theregreview.org\/2021\/10\/20\/russo-regulating-prison-labor\/ (discussing how most federal prisons require inmates to work).<\/p>\n

[6]<\/a> Id<\/em>. Russo (discussing the 13th<\/sup> Amendment); see also <\/em>Payne, supra <\/em>note 5 (discussing the Economic Realities Test under the FLSA and how inmates do not qualify as employees).<\/p>\n

[7]<\/a> U.S. Const. amend. XIII.<\/p>\n

[8]<\/a> Captive Labor, supra <\/em>note 4 (discussing effects in the Jim Crow era); see also<\/em> McDowell, supra <\/em>note 6 (discussing how incarcerated workers producing mass amounts of \u201cgoods are disproportionately people of color\u201d, demonstrating another issue that should be discussed further in its own article); Payne, supra <\/em>note 5 (discussing how slavery was not taken away for incarcerated individuals).<\/p>\n

[9]<\/a> McDowell, supra <\/em>note 6 (discussing how the 13th<\/sup> Amendment is predicted to be on the ballot in 12 states this year).<\/p>\n

[10]<\/a> See <\/em>Russo, supra <\/em>note 6 (Tarra Simmons describing prison labor as \u201can evolution of slavery\u201d); McDowell, supra <\/em>note 6 (discussing how \u201cslavery has not been abolished\u201d).<\/p>\n

[11]<\/a> Prison Labor in the United States<\/em>, Investigate (Nov. 2021), https:\/\/investigate.afsc.org\/prison-labor-united-states.<\/p>\n

[12]<\/a> McDowell, supra <\/em>note 6;\u00a0 see also U.S. Prison Labor Programs<\/em>, supra <\/em>note 6.<\/p>\n

[13]<\/a> Captive Labo<\/em>r, supra <\/em>note 4.<\/p>\n

[14]<\/a> Payne, supra <\/em>note 5.<\/p>\n

[15]<\/a> Id. <\/em><\/p>\n

[16]<\/a> Id. <\/em><\/p>\n

[17]<\/a> Captive Labor, supra <\/em>note 4.<\/p>\n

[18]<\/a> Associated Press, Proposed Bill Would Pay Incarcerated Workers Minimum Wage<\/em>, US News, (Feb. 6, 2023), https:\/\/www.usnews.com\/news\/best-states\/washington\/articles\/2023-02-06\/proposed-bill-would-pay-incarcerated-workers-minimum-wage (\u201cWashington should not profit from involuntary servitude\u201d).<\/p>\n

[19]<\/a> Id. <\/em><\/p>\n

[20]<\/a> Drew Mikkelsen, Legislator Wants to Pay Inmates Minimum Wage for Prison Jobs<\/em>, K5 (Dec. 16, 2022), https:\/\/www.king5.com\/article\/news\/local\/pay-inmates-minimum-wage-prison-jobs\/281-3c42badf-52ba-41af-93f5-e20d790c47ae; see also Washington State Minimum for 2023<\/em>, 2024<\/em>, (last visited Feb. 13, 2024), https:\/\/www.minimum-wage.org\/washington.<\/p>\n

[21]<\/a> Payne, supra <\/em>note 5.<\/p>\n

[22]<\/a> What are Prison Work Programs, supra <\/em>note 3.<\/p>\n

[23]<\/a> Captive Labor<\/em>, supra <\/em>note 4.<\/p>\n

[24]<\/a> James Maiwurm and Wendy Maiwurm, Minimum Wages for Prisoners: Legal Obstacles & Suggested Reforms<\/em>, U. Mich. J. of L. Reform, at 196 (1973).<\/p>\n

[25]<\/a> What are Prison Work Programs, supra <\/em>note 3.<\/p>\n

[26]<\/a> Prison Labor in the United States<\/em>, supra <\/em>note 12.<\/p>\n

[27]<\/a> McDowell, supra <\/em>note 6 (discussing the connections with prison labor to Tyson Foods, Sam\u2019s Club, Burger King, Costco, Kroger, and Land O\u2019 Lakes).<\/p>\n

[28]<\/a> Captive Labor<\/em>, supra <\/em>note 4.<\/p>\n

[29]<\/a> Id. <\/em><\/p>\n

[30]<\/a> Id. <\/em><\/p>\n

[31]<\/a> McDowell, supra <\/em>note 6.<\/p>\n

[32]<\/a> Russo, supra <\/em>note 6.<\/p>\n

[33]<\/a> Payne, supra <\/em>note 5 (rejecting sick pay that has been rejected by courts for employees but does not provide protection for incarcerated workers).<\/p>\n

[34]<\/a> McDowell, supra <\/em>note 6.<\/p>\n

[35]<\/a> Payne, supra <\/em>note 5; Josh Kovensky, It\u2019s Time to Pay Prisoners the Minimum Wage<\/em>, The New Republic (Aug. 15, 2014), https:\/\/newrepublic.com\/article\/119083\/prison-labor-equal-rights-wages-incarcerated-help-economy.<\/p>\n

[36]<\/a> Russo, supra <\/em>note 6.<\/p>\n

[37]<\/a> Id. <\/em><\/p>\n

[38]<\/a> Id. <\/em><\/p>\n

[39]<\/a> Id.<\/em>; see also <\/em>McDowell, supra <\/em>note 6(discussing virtually no protections to being seriously injured or killed on the job).<\/p>\n

[40]<\/a> Russo, supra <\/em>note 6 (requiring less reliance on welfare upon release).<\/p>\n

[41]<\/a> Captive Labo<\/em>r, supra <\/em>note 4.<\/p>\n

[42]<\/a> Mikkelsen, supra <\/em>note 21.<\/p>\n

[43]<\/a> Russo, supra <\/em>note 6 (discussing how regulating safety creates less injuries upon release and increased ability to work upon release).<\/p>\n

[44]<\/a> Maiwurm, supra <\/em>note 25 (\u201cMost important attribute of prison labor is its ability to impart healthy work attitudes, productive habits, and useful skills \u2013 all important elements in offenders\u2019 rehabilitation\u201d).<\/p>\n

[45]<\/a> McDowell, supra <\/em>note 6.<\/p>\n

[46]<\/a> Russo, supra <\/em>note 6.<\/p>\n

members. Another suggestion would be to allow these inmates to access these funds on a payment schedule. Allowing inmates to leave incarceration with money for transportation, housing, food, etc., will hopefully decrease recidivism. Properly training inmates can also lead to better rehabilitation and societal integration post incarceration. In theory, the goal of incarceration is rehabilitation and successful reentry of the formerly incarcerated into our society. The lack of proper training fails to give inmates transferable skills upon exiting the system and the current working conditions do nothing further than create modern-day slave labor and a lack of resources for incarcerated workers upon release. Advocacy \u201cis not for no work for incarcerated individuals, but for adequate pay, humane conditions, safe conditions and voluntary work:\u201d the bare minimum.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0By: Payton Ward \u00a0 Introduction \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 In a country incarcerating nearly 1.9 million people,[1] 61% of inmates have work assignments[2] and \u201chave been stripped of even the most minimal protections against labor exploitation and abuse.\u201d[3] Oftentimes, prison workers are assigned to work under dangerous conditions and generate billions of dollars worth of goods, with little to no pay.[4] If they … Continue reading Prison Labor or Modern-Day Slavery?<\/span><\/a><\/p>\n","protected":false},"author":6064,"featured_media":1720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[51366,67126],"tags":[],"class_list":["post-1719","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog-post","category-recent-posts"],"jetpack_featured_media_url":"https:\/\/blog.richmond.edu\/pilr\/files\/2024\/02\/PW.png","_links":{"self":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/1719","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/users\/6064"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/comments?post=1719"}],"version-history":[{"count":3,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/1719\/revisions"}],"predecessor-version":[{"id":1723,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/1719\/revisions\/1723"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/media\/1720"}],"wp:attachment":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/media?parent=1719"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/categories?post=1719"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/tags?post=1719"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}