Boycott these companies: Stop modern American slavery

The 13th Amendment left a narrow exception that still shapes labor practices inside American prisons. That clause continues to allow involuntary work as punishment, and recent reporting shows how those arrangements feed into national supply chains.

The United States holds roughly 20 percent of the world’s incarcerated population despite accounting for a far smaller share of global residents. In state prisons, the majority of convictions now involve violent offenses, though drug-related cases remain a significant driver of total numbers.

What is the 13th Amendment?

The amendment abolished slavery and involuntary servitude except as punishment for crime. That carve-out has allowed states to compel labor without standard wages or protections, and the practice has expanded alongside rising incarceration rates.

Current data from the Sentencing Project and Prison Policy Initiative place the U.S. incarceration rate at roughly 541 to 580 people per 100,000 residents. The scale of that system keeps a steady supply of workers available for private and public contracts.

State-Level Reforms to the Exception Clause

Colorado voters removed the exception language from their state constitution in 2018. Alabama followed with its own amendment in 2022. Similar measures have appeared on ballots in other states, though California voters rejected the change in 2024.

These amendments do not end prison labor, but they close the explicit constitutional permission that has justified unpaid work. Advocates continue to track pending efforts in additional legislatures.

Prison Labor in Food Supply Chains: Recent Investigations

A 2024 Associated Press investigation traced agricultural work performed by incarcerated people into products sold by McDonald’s, Walmart, Target, and Costco. The reporting documented how prison farms and processing plants supplied ingredients and packaged goods that reached national retailers.

Whole Foods responded by stating that it does not permit prison labor in its supply chain. Alabama continues to lease prison labor to hundreds of businesses, and the AP series noted that several major chains have reviewed or adjusted sourcing policies since the findings were published.

Fair Wages Legislation and Federal Proposals

Senator Cory Booker reintroduced the Fair Wages for Incarcerated Workers Act in 2026. The bill would extend federal minimum wage requirements to prison labor and limit deductions that currently reduce take-home pay for many workers.

Passage would not eliminate the 13th Amendment exception, but it would create a statutory floor for compensation in federal and some state facilities. Supporters argue that the measure addresses one of the most direct economic incentives for maintaining the current system.

Worker Protections and Legal Challenges

Courts have generally held that incarcerated workers fall outside the Fair Labor Standards Act and OSHA coverage. This exclusion leaves wages and safety conditions subject to state rules that vary widely and often remain minimal.

Multiple lawsuits and organized work stoppages have challenged these exclusions in recent years. Plaintiffs argue that lack of basic labor protections compounds the constitutional exception and creates conditions that resemble debt peonage.

How do you change a system of incarceration?

Consumer pressure remains one avenue. Shoppers can review supply-chain statements from major retailers and shift spending toward companies that publicly reject prison labor. The 2024 AP reporting gives clearer guidance on which brands have addressed these links.

State constitutional amendments and the proposed federal wage legislation represent structural approaches that operate alongside individual choices. Norway’s model continues to show low recidivism when policy emphasizes rehabilitation over extended punishment, and several U.S. states have studied elements of that approach.

Policy debates now include both decriminalization measures and wage reforms. The combination of ballot initiatives, congressional proposals, and ongoing litigation suggests that incremental changes are moving through multiple channels at once.

What will the future look like?

Automation has already reduced demand for some prison labor contracts, particularly in manufacturing and packaging. Whether this trend continues at scale depends on the cost of technology relative to the subsidized wages currently paid to incarcerated workers.

Expanded digital monitoring raises separate concerns. Systems that track behavior outside prison walls could replicate some functions of incarceration without formal sentencing, and the same companies that once relied on prison labor may adapt to new forms of data-driven control.

The core issue remains the exception clause itself. Until that language is removed at the federal level or rendered irrelevant through stronger statutory protections, the economic incentives that connect prison labor to corporate supply chains will persist in one form or another.