Use of Convict Labor on Construction Project
Executive Order 11755, as amended by Executive Orders 12608 and 12943, prescribes the permitted use of convict labor while cautioning against the exploitation of convict labor and the danger of unfair competition between free labor and convict labor. Per Executive Order 11755, a contractor is permitted to employ parolees or persons on probation, persons who have been pardoned or served their prison terms, federal prisoners, or nonfederal prisoners who are authorized to perform paid work in the community. The employment of this last group of individuals is conditioned on several factors including that 1) the individual is working on a voluntary basis, 2) local union organizations have been consulted regarding the employment, 3) the individual's paid employment will not displace other workers, be used where there is a surplus of available and skilled labor in the area, or impair existing service contracts, 4) the individual's pay and employment conditions are comparable to that received for the type of work in the relevant locality, and 5) the United States Attorney General has certified that the pertinent jurisdiction laws conform to the provisions of Executive Order 11755 as amended.
With exception, the Walsh-Healey Public Contracts Act prohibits the use of convict labor by a contractor in the manufacture, production, or furnishing of materials, supplies, articles, or equipment pertinent to a public contract that exceeds or may exceed $ 10,000. This prohibition does not extend to the employment of convicts 1) who are participating in a non-federal prison work pilot program designated by the Director of the Bureau of Justice Assistance, 2) have received pay for their services that is comparable to the pay received for such work in the relevant area, 3) have not been deprived of participation in federal or state employment benefits (such as workers' compensation), excluding unemployment compensation while incarcerated, based solely on their status as a convict, and 4) are voluntarily employed.
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