Legal Battle Over Inmate Wages in South Carolina Highlights Systemic Issues in Correctional Labor

A Legal Battle Brews as Correctional Inmates Fight for Just Compensation in South Carolina

In the heart of Spartanburg, South Carolina, a brewing legal storm brings to light an arresting issue concerning the wages earned by inmates working in the prison system. At the height of this storm are four inmates filed a lawsuit claiming they have been illegally paid.

The quartet from the Tyger River Correctional Facility, Damon Jones, Jason Turmon, Ronnie McCoy, and Kevin Casey, claim that they have been unlawfully paid minimum wage of $7.25 an hour for their woodworking work. According to their lawsuit, the federal Prison Industry Enhancement Certification Program, which allows prison inmates to work for private companies, obliges these workers to be paid the prevailing wage – wages consistent with those earned by workers doing the same job in the private sector.

The Legal Standpoint

The contention of the inmate’s lawsuit is that the prevailing wage is higher than the minimum wage they receive, basing their argument on the Department of Labor’s definition of average wage rates. According to their lawsuit, the prevailing wage for woodworking is $16.36 per hour, while an inspector earns $20.53 per hour. The case takes a contradictory turn as the state law mandates inmates be paid at least a minimum wage, or higher in some instances.

Deductions bite into earnings

Additionally, the inmates alleged they had their pay deducted for room and board, along with deductions for Social Security, child support, and in certain cases, victim support. These are also stipulated in state law, deducting a quarter of the inmates’ pay to cover room and board costs if no child support is obligatory. This system could leave them earning as little as $1.25 per hour, implied Tom Winslow, the attorney representing the four plaintiffs.

In the middle of this controversy is Shaw Industries, the company benefiting from the inmate’s labor. However, Shaw has denied employing these inmates, claiming they are employed through the Prison Industry Enhancement Certification Program, which the state’s Department of Corrections manages. This standpoint has been argued by both sides, and yet the Department of Corrections also denies that the inmates are their employees.

Inmates’ work history and compensation

The inmates have held jobs since 2021 at the Correctional Department. The complaint alleges that Jones, who worked 50-hour weeks for two years, received the minimum wage and had Social Security and room and board fees deducted from his income. The suite claims that Casey, who has worked there for three years and continues to do so, was given $15,500 in August as compensation for being paid minimum wage instead of the prevailing wage. Yet, his pay rate did not change afterwards.

Suing for Class Action status

While the four inmates have filed a motion to give the suit a class-action status, representing all inmates facing the same issue, the Department of Corrections is seeking to dismiss the case. Proceedings for these motions are due to take place on Oct. 18th.

This legal battle surrounding the pay rate of inmates working inside the prison system throws a spotlight on a system with contradictory laws and labor policies. It remains to be seen how this case will unfold in the coming weeks and if it will set a precedence for the future.