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California Supreme Court

Feb. 7, 2024

Should pretrial detainees be paid minimum wage for work?

Their complaint, filed by Dan Siegel with Siegel, Yee, Brunner & Mehta in Oakland, demanded relief from involuntary servitude in violation of the 13th Amendment.

Should pretrial detainees be paid minimum wage for work?
California Supreme Court Justice Kelli Evans. Photo courtesy of the California Supreme Court

The California Supreme Court heard arguments Tuesday on the question of whether people held in county jails before trial have a right to earn minimum wage for work they do.

The 13th Amendment allows for “involuntary servitude … as a punishment for crime,” a fact that has long enabled prisons and contractors to employ inmates at a fraction of the minimum wage. But in 2019, a group of pretrial detainees sued Alameda County and Aramark Correct...

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