As we celebrate Labor Day, it's crucial to reflect on the labor that built our nation, often under conditions of exploitation and coercion. In the wake of the Civil War, as the nation grappled with the aftermath of slavery, a new form of exploitation emerged: the utilization of prison labor. The 13th Amendment's Exception Clause provided the legal framework for this system, allowing for the continuation of forced labor under the guise of punishment for petty offenses.
The post-Civil War era saw a surge in incarceration rates, particularly among Black and Brown individuals, who were often subjected to harsh and deadly working conditions in the prison system. By the 1870s, almost all of the people under criminal custody of the Southern states—a full 95%—were black. The convict leasing system, which allowed states to lease out prisoners to private companies and plantations, became a lucrative enterprise, with profits soaring at the expense of human lives. Between 1865 and 1928, thousands of prisoners, predominantly Black men, were forced to work in brutal conditions, resulting in high mortality rates. For instance, in Alabama, nearly 20% of leased convicts died from abuse and neglect.
Despite the official end of the convict leasing system in 1928, its influence on America's prison industrial complex endured. Prison labor, much of it still forced, persisted. The economic interests driving this system were undeniable, with corporations, states, and prisons benefiting from cheap and coerced labor. For instance, Oklahoma, which has a long history of high incarceration rates, especially among women of color, has relied heavily on this labor. A 1937 report to the President of the United States revealed that Oklahoma was purchasing $134,000 worth of industrial goods (which would be equivalent to $3,001,729 in 2024) and over $65,000 worth of agricultural products from the penal system.
Today, companies across various industries and across the nation continue to rely on incarcerated individuals to sustain their supply chains. From household names like McDonald's and Coca-Cola to major retailers like Kroger and Target, the fingerprints of prison labor are present in countless products on supermarket shelves. Nationally, incarcerated workers produce over $2 billion per year in goods and more than $9 billion per year in services, primarily benefiting prison systems and state governments. Despite these contributions, the average minimum hourly wage paid to incarcerated workers for non-industry jobs is just 13 cents, with the maximum being 52 cents.
The supposed benefit of incarcerated people being forced to work is that it will allow them to gain marketable job skills that they can utilize once they inevitably return to society. However research shows that of the more than 50,000 people released from federal prisons in 2010, a staggering 33% found no employment at all over the following four years, and at any given time, no more than 40% of the cohort was employed. This is particularly important since most people on parole must maintain employment or face re-incarceration.
The tangled web of prison labor intersects with broader issues of economic inequality and systemic racism. In Oklahoma, African-Americans make up only 7.1% of the population but represent 20% of incarcerated women. While efforts have been made to reform the prison system, the underlying exploitation remains deeply entrenched. The exception carved out for agricultural commodities in the 1935 law underscores the calculated nature of this exploitation, allowing for the continuation of commerce built on the backs of incarcerated individuals.
As we confront the realities of America's carceral system, it's crucial to acknowledge the roots of this exploitation and its ongoing impact on our society. Only by understanding the past can we begin to dismantle the structures that perpetuate injustice and strive toward a more equitable future.
