The struggle of incarcerated workers

OPINION – California’s refusal to fairly compensate prison labor is an affront to our most basic principles of human dignity – one that now has direct consequences on hundreds of incarcerated firefighters.

As wildfires continue to wreak havoc on Southern California, over 1,000 incarcerated firefighters have bravely risen to the occasion to contain the devastation. Their work on the front lines has garnered widespread attention, raising awareness of the systemic inequality that incarcerated workers face.

LA’s incarcerated firefighters are housed and trained through the Conservation (Fire) Camp Program, a joint venture operated by the California Department of Corrections and Rehabilitation (CDCR), the California Department of Forestry and Fire Protection (CAL FIRE), and the Los Angeles County Fire Department (LACFD). Across the nation, at least 14 other states operate similar programs deploying incarcerated people to combat deadly fires and other natural disasters.

California’s program is voluntary and is intended to be beneficial, allowing participants to gain work experience that could improve their lives both inside and outside prison walls. But despite its potential benefits, the Conservation (Fire) Camp Program creates an impossible dilemma:  incarcerated firefighters are forced to choose between reduced sentences and risking their lives, often working 24-hour days with poor equipment to contain the fire. That choice is made all the more exploitative by the meager pay – just $10.24 per day.

Under the U.S. and California constitutions, involuntary servitude, otherwise known as slavery, is allowed as punishment for a crime. According to California law and CDCR regulations, able-bodied prisoners are required to work during their sentence. California’s firefighting program is a voluntary program that pays more than other prison jobs and allows incarcerated people to leave the traditional prison setting, making it a highly sought-after job.

While California’s program is voluntary, the same is not true in many other states, including Louisiana, where BP, the British oil and gas company, used prison labor to clean up state beaches after the Deepwater Horizon explosion in 2010.

The ongoing Los Angeles fires have further reignited debates over the use of forced prison labor and the need for fair wages for incarcerated workers. Recently, Kim Kardashian called for Governor Newsom to raise incarcerated firefighters’ wages to honor “a human being risking their life to save our lives and homes.” One California lawmaker, Isaac Bryan, agrees and hopes to introduce legislation that raises the hourly rate of incarcerated firefighters. These calls for reform highlight a growing recognition of the systemic inequities within the program – and California’s past failures to address the problem. In 2024, Proposition 6, a California measure that would’ve banned slavery, including the meager wages currently paid to incarcerated firefighters, failed to pass.

Incarcerated workers produce $2 billion worth of goods and commodities annually, yet they rarely reap the financial benefits of their labor. Nor does their work translate to sustainable employment upon release. Incarcerated individuals are often unable to find work in the fields they supported while incarcerated once they return to society. Although formerly incarcerated firefighters can apply to work for the California Department of Forestry and Fire Protection, many face significant barriers such as strict background checks and a difficult, time-consuming process, further contributing to the lack of dignity afforded to individuals who not only risk their lives in emergencies but also make substantial contributions to our economy.

The ongoing fires in California remind us not only of the growing challenges caused by climate change but of the humanity and bravery of those on the front lines, raising important questions about the value we place on their lives and labor. Whether inside or outside of prison walls, incarcerated individuals deserve recognition for their labor and a fair and livable wage that reflects the significance of their contributions.

Fanta NGom is the Director of Business and Human Rights at Robert F. Kennedy Human Rights.