User:Zhengivy/sandbox

Hi Ivy, my question is his only basis the 8th Amendment or do other labor laws apply?

~Mike

Group 3 can incorporate the importance of FLSA on the wages of prisoners. Are there cases that relate to forced work as it pertains to prisoners?

Aaron, Angela, Danny, Abraham (group 4)

IRAC Scenario
Mark, an inmate at Louisiana State Penitentiary, has been convicted to five years in prison for larceny of an elderly woman. While serving his time, he was forced to make COVID-19 masks. In return, he gets paid $0.63 per hour. Mark wants to sue the state prison under the 8th Amendment for making him work for less than the federal minimum wage of $7.25 and the Louisiana state minimum wage of $7.25.

Issue:

Is it considered "cruel and unusual" punishment to make prisoners work for less than the minimum wage?

Rule:

Generally, the eighth amendment prohibits the federal government from imposing excessive fines, excessive bail, and "cruel and unusual" punishments.

Generally, the Fair Labor Standards Act (FLSA) is a federal law. It's purpose is to establish a federal minimum wage and to guarantee overtime pay for employees.

Analysis:

Here, forcing prisoners to work does not fall under "cruel and unusual" punishments because punishments are considered "cruel and unusual" if it degrades prisoner’s dignity (like torture), arbitrary, rejected by society, and patently unnecessary.

Here, the Fair Labor Standards Act (FLSA) doesn't pertain to prisoners because they aren't considered employees.

Conclusion:

Therefore, it is not "cruel and unusual" punishment to make prisoners work for less than minimum wage.

Summary
In the United States, the legacy of legal slavery has always tied into the criminal justice system. The Fair Labor Standards Act (FLSA) requires employers to pay employees the federal minimum wage, as well as overtime. However, prisoners are not protected by FLSA since they aren’t considered to be employees. This makes it legal for prisons and businesses to exploit prisoners for free labor. The Eighth Amendment is one of the most important amendments that protect prisoner rights. The Eighth Amendment prohibits “cruel and unusual” punishment. Unfortunately, the Eighth Amendment is vague and does not define what is considered to be a “cruel and unusual” punishment. The paper will argue whether paying prisoners below the federal minimum wage constitutes a “cruel and unusual” punishment. The incarceration and the costs that go along with it, is considered a form of punishment for prisoners.

Wikipedia Article
https://en.wikipedia.org/wiki/Cruel_and_unusual_punishment