The economic reality of the relationship may change from punisher and punished to employer and employee, conferring at least some employee rights.
Neither the U.S. nor the California Constitution completely prohibits involuntary servitude, broadly defined as forced work under threat of punishment. The 13th Amendment to the U.S. Constitution, ratified in 1865 following the Civil War, prohibits slavery, as well as involuntary servitude “except as a punishment for a crime whereof the party shall have been duly convicted.
Under AB 628, incarcerated individuals would not be entitled to be paid the state or local minimum wage. Instead, CDCR will set rules governing “compensation for any assignment in state prison,” while compensation for “any work in county and city jail programs” will be set by local ordinance. that aired late last year, “Much of the work of prison maintenance — cooking, cleaning, laundry, groundskeeping — is done by the people being held there, for little and sometimes no pay.
of the measure noted that even if CDCR and counties set compensation below state and local minimum wages, prisoners classified as employees may be entitled to the federal hourly minimum wage of $7.25, much more than they receive now. “Federal law allows state laws and local ordinances to set a minimum wage higher, but not lower than the federal minimum wage,” the analyst noted correctly.
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