Working While Caged: The Fight To End Forced Prison Labor

Law360 | Analysis: The Fight to End Forced Prison Labor

By Marco Poggio | May 9, 2025, 7:01 PM EDT · Listen to article

Incarcerated firefighters sent to battle the Hughes Fire in Castaic, California, in January. The essential work done by incarcerated firefighting crews casts into stark relief the ethical and legal quandaries posed by prison labor. (Photo by APU GOMES/AFP via Getty Images)

https://www.law360.com/legalindustry/articles/2336225/working-while-caged-the-fight-to-end-forced-prison-labor

The History and Context of Incarcerated Firefighters

Andony Corleto was no stranger to fire. As a young child, he watched his neighbor's house burn down in South Los Angeles. Then, in 1992, when he was 8 years old, came the riots following the acquittal of the cops who brutalized Rodney King. The city was enraged, and swaths of it were engulfed in flames.

So the first time he found himself battling blazes as a firefighter in the dense mountains of Northern California's Shasta-Trinity National Forest, a familiar sense of destruction arose. But this time, he felt a more intimate terror.

"I had to fight my fears and gather my courage to think properly," he said. "I thought I might perish at any moment."

Corleto's path to firefighting was unusual. It was not the career aspiration of a free man. Rather, he was among hundreds of people incarcerated in California who served as firefighters to tackle blazes in some of the most catastrophic wildfires in the state's history. There are currently nearly 2,000 inmate firefighters in California, according to the state's Department of Corrections and Rehabilitation (CDCR).

Inmate Firefighting: Exploitation or Redemption?

In a recent interview with Law360, Corleto shared his story. He volunteered to become a firefighter, but described the decision as a "battle" within himself.

"You feel like you may be exploited in this work, because they're asking you to put your life on the line to fight fires," he said. "But another part of you wants to do something meaningful with your time in prison."

Prisoner firefighting has drawn public attention recently. Wildfires have increased in scale and frequency. The program is often seen as a story of rehabilitation through service, but it also brings to light the harsh reality of prison labor.

Across the U.S., nearly 800,000 incarcerated people work either inside or outside prison walls. They often earn just pennies an hour while performing tasks ranging from janitorial work to manufacturing to firefighting. Behind bars, working isn't truly voluntary. Refusal can lead to solitary confinement, loss of visitation, and denial of basic privileges like phone calls and buying clothes.

Jennifer Turner, a researcher with the American Civil Liberties Union, testified in May 2024 before the U.S. Senate Judiciary Committee on prison labor. She noted that while incarcerated workers do some of the same work as free people, "there are profound differences."

"Their employers are their jailers," Turner said. "They're under complete control, stripped of minimal protections against abuse."

Economic Gain and Modern-Day Slavery

In a 2022 report from the ACLU and University of Chicago Law School, Turner found that over 76% of incarcerated workers say they have been forced to work. The report highlighted that incarcerated workers help maintain prisons and provide vital public services. It demands reforms to ensure prison labor is voluntary and that incarcerated workers receive fair pay, proper training, and transferable skills for when they are released.

At the heart of this system lies a constitutional loophole. The 13th Amendment abolished slavery but allows exceptions for punishment. This exception has enabled states to conscript incarcerated people into labor for over 150 years, which some argue is a form of modern-day slavery.

Corleto eventually became involved in criminal activity, initially sent to prison for assault with a semiautomatic weapon. He served 16 years in various security levels of prisons. His journey took a significant turn in December 2017, as he was sent to battle the Thomas Fire, which devastated over 280,000 acres in Ventura and Santa Barbara counties.

The Risks of Firefighting while Incarcerated

"They're going to race you to the foot of these flames," he explained. "You're going to be sweating profusely, hiking into dangerous areas. You feel the fire against your skin. It's a true test of courage."

Giant ponderosa trees, weakened by the flames, kept crashing, forcing fire crews to take cover. Despite this danger, Corleto accepted the challenges he faced.

California passed laws aimed at moving from purely punitive systems to more rehabilitative approaches. Proposition 57, approved by voters in 2016, expanded access to fire camps for more offenses. Incarcerated individuals can significantly reduce their sentences through firefighting, yet they are often paid meagerly.

Corleto was paid just 16 cents an hour unless actively battling fires, where he earned $1.16 per hour. "I thought, could I do this back-breaking labor for so little?" he said. Ultimately, he determined it was worth it.

Legislative Efforts to Reform Prison Labor

Proposed legislation in California — Assembly Bill 247 — aims to lift the minimum wage for prisoners fighting fires to $19 per hour. It passed the Public Safety Committee and is now with the Committee on Appropriations. While proponents express optimism, the bill's future remains uncertain.

In September 2020, Governor Gavin Newsom signed a bill allowing nonviolent offenders who participated in fire camps to have their records expunged. This law allows individuals to pursue jobs as firefighters post-release, but many challenges remain.

Despite firefighting garnering public attention, the majority of imprisoned workers remain largely invisible, as does the exploitative aspects of prison labor. Bianca Tylek, of Worth Rises, said many are unaware of the pervasive nature of prison labor.

"We think that if we pay firefighters the right wages, that solves the problem," she said. "But they’re just the tip of the iceberg."

The Green Behind Bars: An Invisible Workforce

On a daily basis, millions of products for government use, such as license plates and desks, are produced by incarcerated workers. They perform essential tasks for prisons across the country, often without compensation. The ACLU found that around 80% of working prisoners hold maintenance jobs, earning little to no transferable skills.

In Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina, and Texas, incarcerated individuals are not compensated for most work assignments. They earn an average of 13 cents to 52 cents per hour for various tasks, with federal, state, and local governments being the main beneficiaries of their labor.

Incarcerated workers are excluded from many labor laws. They do not receive minimum wage, cannot unionize, and lack protections against discrimination, including standards set by OSHA.

The Underlying Issues of Prison Labor

Prison work often differs vastly from that in the free world. Andrea Armstrong, a law professor, pointed out the penalties for mistakes made in prison jobs. "If you make a mistake at your job in the free world, the worst consequence is getting fired. In prison, that mistake could cost you family access, phone calls, and potentially lead to solitary confinement."

Sean Kyler, a former inmate, underscores the harsh realities prisoners face. After spending nearly 25 years inside, he recalls that if you have a child in public school, they likely sit on furniture made by incarcerated workers.

Kyler worked in the Corcraft tailor shop, sewing uniforms for prison staff. He describes the conditions as akin to a sweatshop, where refusal to work could lead to severe repercussions.

The legal framework surrounding prison labor is fraught with challenges and evolving interpretations.

Challenging the System through Legal Action

Ongoing lawsuits challenge the principles of forced labor under various legal theories, including the Eighth Amendment's prohibition against cruel and unusual punishment. Although many of these challenges have met resistance, they shine a spotlight on the significance of prison labor reform.

Eliminating forced prison labor requires more than legal challenges. Advocates like Michele Goodwin express concern over the public's misunderstanding of slavery's modern echoes. Individuals like Corleto risk their lives while incarcerated but are left unemployed and marginalized upon release.

"We have a system that has forgotten about the lives affected by it," Goodwin says. "People don’t fully grasp the implications of slavery in the present day."

PROPOSED LEGISLATION	MAIN OBJECTIVES	INTRODUCED BY
Abolition Amendment	Repeal the exception clause	Sen. Jeff Merkley, D-Ore.
Fair Wages for Incarcerated Workers Act	Entitle incarcerated workers to be paid the federal minimum wage	Sen. Cory Booker, D-N.J.
Correctional Facilities Occupational Safety and Health Act	Extend OSHA coverage to state prisoners Require states with occupational safety regulations to also cover incarcerated workers Require the Federal Bureau of Prisons to apply the occupational safety standards to prisoners	Sen. Cory Booker, D-N.J.

In the courtroom, challenges to forced prison labor practices continue. While direct 13th Amendment challenges have failed, lawsuits are challenging forced labor through various legal theories. Recent cases have invoked the Eighth Amendment's prohibition against cruel and unusual punishment, such as the Farm Line case in Louisiana.

However, legal reform is only part of the solution. Goodwin emphasizes that public awareness is crucial. Many remain unaware of the reality of prison labor and its historical roots in slavery. This lack of understanding contributes to the continued exploitation of incarcerated people.

The journey of those released, including prisoner firefighters like Corleto, is often rife with obstacles. Many struggle to secure employment due to statutory barriers linked to their past crimes.

"We have a system that has forgotten about the lives impacted by it," she said. "People don't appreciate the full scope of slavery’s legacy."

Workers Behind Bars is a special series from Law360 exploring the push to end subminimum wages and forced labor for detained and incarcerated workers and the labor laws central to this dispute. Have a story idea for Access to Justice? Reach us at *accesstojustice@law360.com