Inmates sue SCDC, alleging underpayment for prison labor and deductions for room and board

Ladies and Gentlemen, we are switching it up on y'all this week, with the classic Copy and Paste. 

Last week we had motion hearings to protect a class of people often over looked in SC court systems - inmates.  I understand many of y'all may have a different perspective (which I love), but all people have rights, including inmates.  It is the role of attorneys and law firms to provide justice to all people, not just those certain people we like or agree with.  Therefore, I am proud of the work Allie, Wiley, Casey, and the entire firm are doing for this proposed class of citizens in SC, as written up in the Post and Courier by Christian Boschult last Friday.

If you know of anyone in this class, or anyone else for any reason that needs legal assistance please let us know at Winslow Law 843-357-9301. 
 

SPARTANBURG — Four men who worked for the state Department of Corrections while incarcerated at Tyger River Correctional Facility have sued the state prison system alleging they were illegally underpaid, then had pay deducted for room and board.

Damon Jones, Jason Turmon, Ronnie McCoy and Kevin Casey filed the complaint in September alleging they were unlawfully paid $7.25 an hour — minimum wage — for their woodworking jobs at Shaw Industries instead of the federally required “prevailing wage,” which they said is considerably higher depending on the job.

SCDC denied the allegations in court.

The federal Prison Industry Enhancement Certification Program, which allows state prisons to contract with private companies to provide inmate labor, stipulates that inmates must be paid the "prevailing wage" that someone doing the same job in the private sector could expect to earn.

The inmates contend that means more than just federal minimum wage and cite the Department of Labor's definition of the "average wage paid to similarly employed workers in a specific occupation in the area of intended employment."

Their lawsuit says the the prevailing wage for a woodworker is $16.36, and for an inspector, $20.53, but inmates at Shaw were paid only $7.25.

SCDC spokeswoman Chrysti Shain pointed to state law that says inmates must be paid federal minimum wage or higher. In some cases, Shain said, inmates earn more than minimum wage.

In addition to having contributions to Social Security deducted from their pay, the suit says inmates also have pay deducted for room and board, and in some cases, for child support.

These are also spelled out in state law, which provides for deductions for victims, child support and taxes. If an inmate doesn't have child support obligations, then 25 percent of their pay goes to SCDC to "defray the cost of the prisoner's room and board," the law says.

After deductions, inmates “might end up getting $1.25 an hour for the work that they’re doing,” said attorney Tom Winslow, who’s representing the four plaintiffs. The inmates get paid minimum wage, and yet “they’re losing 75 percent of that through non-discretionary obligations that just come out automatically.”

The complaint says Jones worked for SCDC from August 2021 to September 2023, working 50 hours per week and receiving minimum wage. SCDC deducted Social Security contributions and fees for room and board from his pay, the suit alleges.

It says Casey worked for SCDC the past three years and is still working there. The complaint says that SCDC paid Casey $15,500 in August to compensate him for years of paying him minimum wage instead of prevailing wage, yet when he went back to work, the Department of Corrections continued to pay him minimum wage.

Neither Shaw nor SCDC were willing to claim the inmates as employees.

Shaw spokeswoman Sara Martin said in an email that the "inmates are employed by the SCDOC through the Prison Industry Enhancement Certification Program," and referred questions to SCDC.

Shain, however, said the inmates were not employees of SCDC. "They are employed by the companies," she added.

In response to the complaint, SCDC denied most of the allegations. While the plaintiffs have filed a motion to turn the case into a class action, SCDC has filed a motion to dismiss the suit.

Those motions hearings are scheduled for Oct. 18. (Heard on Friday and under consideration.)

May God Bless You,

Tom Winslow

Written By:

Tom Winslow

and

Christian Boschult spent six years in Myrtle Beach before moving to the Upstate. When he's not working, he's reading a book, making a mess in the kitchen or running around Spartanburg.