Brigham Young University Prelaw Review
Keywords
Prisons, Prison Labor, Fair Labor Standards Act (FLSA), Thirteenth Amendment, Minimum Wage, Involuntary Servitude, Slavery, Prisoner Rights
Abstract
Prisoners have historically been paid extremely low wages, if any, for the jobs they perform while incarcerated. The Thirteenth Amendment, which made slavery illegal except as a punishment for crime, has often been used to validate this practice. This paper will argue that denying prisoners minimum wage is a misapplication of both the Thirteenth Amendment and the Fair Labor Standards Act. Additionally, the paper claims that paying prisoners minimum wage would have many positive economic consequences.
BYU ScholarsArchive Citation
Holland, Peter
(2024)
"Prison Labor: The Ethical and Economic Implications of Rethinking the Thirteenth Amendment and Fair Labor Standards Act,"
Brigham Young University Prelaw Review: Vol. 38, Article 8.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol38/iss1/8