Reps. Cleaver, Kamlager-Dove Introduce Legislation to Guarantee Minimum Wage to Incarcerated Workers

November 8, 2023
Press Release

(Washington, D.C.) – Today, U.S. Representatives Emanuel Cleaver, II (D-MO) and Sydney Kamlager-Dove (D-CA) introduced legislation that would guarantee incarcerated workers nationwide receive the federal minimum wage for their labor. The Fair Wages for Incarcerated Workers Act would officially mandate that all incarcerated workers receive the federal minimum wage while working in correctional facilities, eliminate certain wage deductions, and ensure that incarcerated people can still fulfill important legal and financial obligations. The Fair Wages for Incarcerated Workers Act was introduced in the U.S. Senate by Senator Cory Booker (D-NJ).

“Every worker in America should be entitled to compensation commensurate with their labor and expertise—including those who are working within correctional facilities,” said Congressman Cleaver. “Tragically, because of a loophole in the 13th amendment, the vast majority of incarcerated workers are forced to work tirelessly for mere cents on the dollar, limiting their earning potential and inflicting additional economic distress on families of the incarcerated. To end the inhumane exploitation of incarcerated labor, Congress must establish and enforce a federal minimum wage for workers in correctional facilities nationwide—which is why I’m proud to introduce the Fair Wages for Incarcerated Workers Act with Congresswoman Kamlager-Dove and Senator Booker.”

“Like all workers, we must ensure fair wages for incarcerated individuals,” said Congresswoman Kamlager-Dove. “It is unjust that prison workers are forced to work for mere pennies due to a racist and antiquated loophole in our Constitution. To right this wrong, I joined Congressman Cleaver and Senator Booker to reform the FLSA to more accurately reflect the financial needs of those in our federal prison system and pay them the fair wages they have earned. We cannot expect incarcerated individuals to be rehabilitated during their sentence if they aren’t able to afford the bare necessities they need to survive. This legislation centers humanity and puts us on a path toward holistic rehabilitation.”

“The current state of prison labor in America is inhumane and unacceptable,” said Senator Booker. “Of the 1.2 million people incarcerated in our nation’s state and federal prisons, nearly 65% of them work, often without fair labor standards and for little to no pay. This legislation would bring urgently needed reform by ensuring people who are incarcerated are paid the federal minimum wage for their work.”

“The Prison Policy Initiative is excited to see legislation proposed that will bring us closer to treating people who work while incarcerated equitably. Higher prison wages are essential both to fairly compensate people who are incarcerated for their often backbreaking work, and to give them the financial stability they need to succeed after release. All people who work deserve to be fully compensated for their labor and to be protected by the full force of America’s worker protection laws,” said Sarah Staudt, Policy and Advocacy Director at Prison Policy Initiative.

“For too long, our public prison system and private industry alike have exploited this invisible population of workers for profit. Their labor and their struggles are largely hidden away from both the public consciousness and from the coverage of our nation’s basic, fundamental labor laws. This bill would take an important step by extending some small but meaningful justice to incarcerated worker – the right to earn at least the minimum wage for their work and to be covered by the FLSA’s protections, like the vast majority of other workers in the U.S.,” said Samantha Sanders, Director of Government Affairs & Advocacy, Economic Policy Institute.

“NELP commends Rep. Cleaver for introducing this important legislation. That we force incarcerated workers to labor for often pennies and dimes per hour is an atrocity in our society. It’s nothing short of modern-day slavery and it is long past time that we ended this barbaric practice,” said Rebecca Dixon, President and CEO of the National Employment Law Project.

“Safer Foundation applauds Rep. Emanuel Cleaver (D-MO) and Rep. Kamlager-Dove (D-CA), as well as Senate companion legislation sponsor, Sen. Cory Booker (D-NJ), for introducing the Fair Wages for Incarcerated Workers Act. The bill would ensure that incarcerated workers are paid the federal minimum wage and would eliminate certain wage deductions. Prison labor is rooted in long-standing inequities for incarcerated individuals, who are disproportionately Black and Brown people. This bill would increase racial justice by ensuring fair wages for incarcerated people who are working the same jobs for companies that workers in communities do, except that incarcerated people often are paid pennies on the dollar for their work. Payment of fair wages for labor should be ensured for people no matter where their work is completed, and outdated employment and wage policies rooted in racism should be immediately repealed,” said Victor Dickson, President & CEO of Safer Foundation.

“Tzedek Association is proud to endorse this important bill. This reinforced what we all already know: encouraging incarcerated individuals to be productive, to work and to train for work is the number one factor that will reduce their risk of G-d forbid re-offending once released. Furthermore, these funds will go to help support their children and spouses, who are innocent and so often suffer the most because of the incarceration. Keeping their children fed is not just humane, it reduces their risk of committing crime to support themselves and their families,” said Rabbi Moshe Margaretten, President of Tzedek Association.

The Thirteenth Amendment to the United States Constitution formally abolished slavery, “except as a punishment for crime,” which has enabled the exploitation of incarcerated individuals in correctional facilities across the country. The Fair Wages for Incarcerated Workers Act is an important step towards closing this loophole and would provide additional protections for incarcerated Americans by:

  • Establishing a federal minimum wage of $7.25 for incarcerated workers nationwide;
  • Extending protections guaranteed by the Fair Labor Standards Act to all incarcerated workers; and
  • Eliminating certain wage deductions to ensure that incarcerated workers will no longer have their income preemptively taken away to cover the cost of court-imposed fees, board, and lodging.

The Fair Wages for Incarcerated Workers Act is the latest bill introduced by Rep. Cleaver this year focused on reducing recidivism and strengthening protections for incarcerated Americans. Other bills introduced by Rep. Cleaver include:

The Fair Wages for Incarcerated Workers Act is officially endorsed by the American Civil Liberties Union, Brennan Center for Justice, Center for Law and Social Policy, Economic Policy Institute, Human Rights Watch, Leadership Conference on Civil and Human Rights, National Employment Law Project, Prison Policy Initiative, Safer Foundation, Tzedek Association, and Vera Institute of Justice.

The Fair Wages for Incarcerated Workers Act is cosponsored by Reps. Cori Bush (D-MO), Danny Davis (D-IL), Chuy García (D-IL), Raúl Grijalva (D-AZ), Jonathan Jackson (D-IL), Hank Johnson (D-GA), Sheila Jackson Lee (D-TX), Barbara Lee (D-CA), Jan Schakowsky (D-IL), Rashida Tlaib (D-MI), and Bonnie Watson Coleman (D-NJ).

Official text of the Fair Wages for Incarcerated Workers Act is available here.

 

Emanuel Cleaver, II is the U.S. Representative for Missouri's Fifth Congressional District, which includes Kansas City, Independence, Lee's Summit, Raytown, Grandview, Sugar Creek, Greenwood, Blue Springs, North Kansas City, Gladstone, and Claycomo. He is a member of the exclusive House Financial Services Committee and Ranking Member of the House Subcommittee on Housing and Insurance.