Opinion

Ruelas v. County of Alameda

Court
California Supreme Court
Filed
Apr 22, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 16.0%

The opinion

IN THE SUPREME COURT OF

CALIFORNIA

ARMIDA RUELAS et al.,

Plaintiffs and Respondents,

v.

COUNTY OF ALAMEDA et al.,

Defendants and Appellants.

S277120

Ninth Circuit

21-16528

Northern District of California

4:19-cv-07637-JST

April 22, 2024 (reposted corrected version)

Justice Evans authored the opinion of the Court, in which

Chief Justice Guerrero and Justices Corrigan, Liu, Kruger,

Groban, and Jenkins concurred.

RUELAS v. COUNTY OF ALAMEDA

S277120

Opinion of the Court by Evans, J.

Inmates at the Santa Rita Jail in Alameda County work

in the kitchen preparing meals for the county jail population and

staff under an agreement between the county and a private

contractor. They are not paid for their labor. A group of

nonconvicted individuals who were performing this labor while

detained at the jail sued the county and the private contractor

in federal court for failing to pay minimum wage and overtime.

The United States Court of Appeals for the Ninth Circuit has

asked us to decide whether nonconvicted incarcerated

individuals working in a county jail for a private company have

a claim for minimum wage and overtime under California law.

We conclude the answer is no.

I. BACKGROUND

Because this matter arises from an interlocutory appeal of

the denial of a motion to dismiss under Federal Rules of Civil

Procedure, rule 12(b)(6) (28 U.S.C.), we recite the facts as

alleged in the operative complaint. We treat the factual

allegations as true for the purpose of addressing the certified

question. (See Kuciemba v. Victory Woodworks, Inc. (2023) 14

Cal.5th 993, 1004.)

Under a contract with defendant Alameda County,

defendant Aramark Correctional Services, LLC (Aramark) has

undertaken the responsibility for operating the food service

program and delivery of meals for inmates and staff at all

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Opinion of the Court by Evans, J.

Alameda County Sheriff’s Office facilities and satellite facilities.

Satellite facilities include county jails located elsewhere in the

state. Aramark, a private, for-profit company, provides the

contracted-for food services using the industrial kitchen at the

Santa Rita Jail. Jail inmates prepare and package the food in

the industrial kitchen each day and clean and sanitize the

kitchen after the conclusion of the day’s food preparation.

Plaintiffs Armida Ruelas et al. are or were pretrial or

other nonconvicted detainees confined at Santa Rita Jail who

either prepared and packaged food or cleaned and sanitized the

kitchen for Aramark. No party has suggested the analysis turns

on the basis for the nonconvicted detainees’ detention, so we

refer generally in this opinion to pretrial detainees. Sometimes

plaintiffs work in excess of eight hours a day or 40 hours a week,

six or seven days a week. Nonetheless, plaintiffs are not paid

any wages for their work on Aramark’s behalf.

On November 20, 2019, plaintiffs filed a complaint in

federal district court against the County of Alameda, Alameda

County Sheriff Gregory J. Ahern (together, the County), and

Aramark on behalf of themselves and the class of Santa Rita Jail

inmates who perform services for Aramark under its contract

with the County. After the district court granted in part and

denied in part defendants’ motions to dismiss, plaintiffs filed a

first amended complaint limited to themselves and other

nonconvicted detainees. The amended complaint asserted nine

causes of action, including causes of action for minimum and

overtime wages. The district court granted in part and denied

in part defendants’ motions to dismiss the causes of action for

minimum and overtime wages. The court reasoned that “while

the Penal Code explicitly addresses employment and wages of

state prisoners, both in relation to the minimum wage [see Pen.

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RUELAS v. COUNTY OF ALAMEDA

Opinion of the Court by Evans, J.

Code, § 2811] and in the context of incarcerated individuals

working for a private company through a joint venture program

[see Pen. Code, § 2717.8], the Penal Code does not address such

matters for pretrial detainees confined in county jails . . . .

Similarly, although the Penal Code authorizes ‘the board of

supervisors or city council’ to require ‘[a]ll persons confined in

the county jail . . . under a final judgment of imprisonment

rendered in a criminal action or proceeding to perform labor on

the public works or ways in the county or city,’ there is no

similar provision regarding non-convicted incarcerated persons.

[Citation.] The Court reads these omissions to imply that the

California legislature did not intend to exclude non-convicted

detainees working for a private corporation from the Labor

Code’s protections.” The court did, however, agree with the

County that government entities “are exempt from state

overtime laws” and therefore granted the County’s motion to

dismiss the claim for overtime wages.

In a simultaneously filed order, the district court certified

for interlocutory appeal the legal question of pretrial detainees’

entitlement to minimum and overtime wages. The Ninth

Circuit accepted the appeal and then certified the following

question of state law to this court (see Cal. Rules of Court, rule

8.548(b)(2)): “Do non-convicted incarcerated individuals

performing services in county jails for a for-profit company to

supply meals within the county jails and related custody

facilities have a claim for minimum wages and overtime under

Section 1194 of the California Labor Code in the absence of any

local ordinance prescribing or prohibiting the payment of wages

for these individuals?” (Ruelas v. County of Alameda (9th Cir.

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RUELAS v. COUNTY OF ALAMEDA

Opinion of the Court by Evans, J.

2022) 51 F.4th 1187, 1188.) On January 11, 2023, we agreed to

answer the certified question.1

II. DISCUSSION

To determine whether pretrial detainees working in

county jails for private companies are entitled to minimum

wage,2 we examine the interplay among the Penal Code, the

Labor Code, and the constitutional provisions governing public-

private contracts for inmate labor. We conclude that such

individuals do not have a claim for minimum wage under the

Labor Code.

Aramark and the County begin with Penal Code section

4019.3 (all further statutory references are to this code unless

otherwise specified), which creates a discretionary scheme for

the payment of wage credits to county jail inmates, subject to a

cap: “The board of supervisors may provide that each prisoner

confined in or committed to a county jail shall be credited with

a sum not to exceed two dollars ($2) for each eight hours of work

done by him in such county jail.” This wage credit, which has

1

To the extent plaintiffs allege they were forced to work, we

note those claims are being litigated in the district court. The

Ninth Circuit’s question to this court proceeds from the

assumption that nonconvicted incarcerated individuals

participating in the public-private program do so voluntarily.

2

We do not separately address pretrial detainees’

entitlement to overtime wages. No one in this proceeding has

articulated a separate argument for payment of overtime wages,

distinct from payment of minimum wages. Moreover, the right

to premium pay for overtime logically and legally depends on a

right to some wage for regular work. (See Lab. Code, § 510,

subd. (a) [basing overtime compensation on a multiple of the

employee’s “regular rate of pay”].)

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Opinion of the Court by Evans, J.

remained unchanged since 1975, is far below the state minimum

wage for other workers. (See Lab. Code, § 1182.12.)

Defendants argue, and we agree, that section 4019.3

applies broadly to all county inmates, including pretrial

detainees, working in the county jail. The federal district court

was therefore mistaken in asserting that the Penal Code “does

not address” wages for “pretrial detainees confined in county

jails.”

By its terms, section 4019.3 encompasses all prisoners

“confined in or committed to” a county jail. We also note the

broad construction accorded similar language — a prisoner

“confined in or committed to a county jail” — in nearby section

4019 to describe who is eligible for custody and worktime

credits. (§ 4019, subds. (a)(1)–(3), (b), (c); see also id., § 4000,

subd. 2 [authorizing county jails to be used for detaining persons

charged with a crime and “committed for trial”].) We have

construed this language to include not only those who are

serving a sentence in county jail, but also those who have merely

been detained following an arrest as well as those who have been

convicted but not yet sentenced. (See People v. Dieck (2009) 46

Cal.4th 934, 938–939 & fn. 2.) Because sections 4019 and 4019.3

deal “ ‘with the same subject matter’ ” — i.e., the class of county

jail inmates who are eligible for an important benefit — the

category of inmates confined in or committed to a county jail

“should be accorded the same interpretation” in both instances.

(See Kaanaana v. Barrett Business Services, Inc. (2021) 11

Cal.5th 158, 175 (Kaanaana).)

An Attorney General opinion, which is entitled to

“considerable weight” (Lexin v. Superior Court (2010) 47 Cal.4th

1050, 1087, fn. 17), reached the same conclusion nearly 50 years

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Opinion of the Court by Evans, J.

ago. (57 Ops.Cal.Atty.Gen. 276, 283 (1974).) As the Attorney

General then noted, the Legislature enacted section 4019.3 to

equalize the wage credits for inmates working in jail with those

already authorized by section 4125 for individuals working at

industrial farms or road camps. (See 57 Ops.Cal.Atty.Gen.,

supra, at p. 283; Assem. Com. on Crim. Procedure, Analysis of

Sen. Bill No. 1394 (1959 Reg. Sess.) as introduced May 4, 1959,

p. 1.) The “underlying purpose” of both provisions, the Attorney

General observed, “is ‘to make possible the substitution of

constructive labor for profitless prison confinement in order that

those who are charged with or convicted of public offenses and

deprived of their liberty may become better citizens because of

their disciplinary experience.’ ” (57 Ops.Cal.Atty.Gen., supra, at

p. 283, quoting § 4100.) “Penal Code section 4019.3 therefore

applies to pre-sentence as well as post-sentence work time, the

same beneficial purpose being served in both instances.” (57

Ops.Cal.Atty.Gen., supra, at p. 283.) We find the Attorney

General opinion about the scope of section 4019.3 especially

persuasive because the Legislature “left intact the language

construed” by the Attorney General (California Assn. of

Psychology Providers v. Rank (1990) 51 Cal.3d 1, 17) when it

amended section 4019.3 in 1975 to increase the cap on inmate

wage credits from 50 cents to two dollars per eight-hour shift

(Stats. 1975, ch. 350, § 1, p. 797).

Counties therefore may — but are not required to — credit

inmates, including pretrial detainees, up to two dollars per

eight-hour shift, notwithstanding the legal minimum wage,

which is much higher. Indeed, plaintiffs concede that section

4019.3, not the state’s minimum wage law, governs the legal

wage for “county jail inmates working in public works

programs.”

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RUELAS v. COUNTY OF ALAMEDA

Opinion of the Court by Evans, J.

To support their claim for minimum wage, plaintiffs focus

on a different part of section 4019.3. In their view, section

4019.3 is inapplicable where, as here, the individual is

participating in a public-private work program. While there

may be sound policy reasons for and against such a distinction,

we find no indication section 4019.3 is limited in the way

plaintiffs suggest.

No such limitation appears in the statutory text.

Plaintiffs instead attempt to infer one from the phrase “in such

county jail” in section 4019.3. They argue that because this

phrase “appears after the description of the type of prisoners to

whom the provision applies — i.e., “each prisoner confined in or

committed to a county jail” — “the phrase ‘in such county jail’

. . . cannot also serve to signify the state of being detained.”

Plaintiffs conclude: “Thus, ‘in such county jail’ must refer to

work done for a county jail.” We agree with plaintiffs that it

would be surplusage to read “in such county jail” to identify the

class of inmates who are subject to section 4019.3; the statute

accomplishes that by its earlier reference to “each prisoner

confined in or committed to a county jail.” But it does not follow

that “work done . . . in such county jail” (§ 4019.3) must be

construed to mean the inmate’s work must be done exclusively

for the county jail. The word “in” ordinarily describes where an

event takes place: “inside of, within the bounds or limits of.”

(General American Indemnity Co. v. Pepper (Tex. 1960) 339

S.W.2d 660, 662.)

We find further support for this definition in the

legislative history. An analysis of the bill that became section

4019.3 described the purpose of equalizing wage treatment

between those inmates “assigned to honor farms,” who were

already eligible for what the analysis called “a small wage,” and

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Opinion of the Court by Evans, J.

those “working in the jail kitchens, laundry or various

maintenance assignments” (Assem. Com. on Crim. Procedure,

Analysis of Sen. Bill No. 1394, supra, as introduced May 4, 1959,

p. 1 [comparing § 4125]). The latter assignments are all

consistent with work that occurs “in” the jail. We also note that

where the public-private work takes place has significance in

determining the applicability of the minimum wage under the

federal Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et

seq.). (See, e.g., Burrell v. Staff (3d Cir. 2023) 60 F.4th 25, 42–

43, 44–48 [nonconvicted inmates working outside the facility for

a private employer stated a claim for minimum wage under

federal and Pennsylvania law]; Watson v. Graves (5th Cir. 1990)

909 F.2d 1549, 1553–1556 [inmates working for a private

construction business outside the jail were entitled to the

federal minimum wage and overtime].) All this leads us to

conclude that “work done in such county jail” means work done

at the jail.

Plaintiffs argue next that section 4019.3 should be limited

to public works programs because two neighboring statutes —

sections 4017 and 4018 — likewise are limited to public works

programs. Plaintiffs’ premise is flawed: section 4017 is not

limited to public works programs, which it defines narrowly and

only “[a]s used in this section.” In reality, section 4017 has a

broader scope; it applies to inmates working “in the prevention

and suppression of forest, brush and grass fires” in addition to

“labor on the public works or ways.” (See Parsons v. Workers’

Comp. Appeals Bd. (1981) 126 Cal.App.3d 629, 634

[distinguishing inmates who “ ‘labor on the public works’ ”

under § 4017 from inmates who “fight and prevent forest fires”].)

Moreover, plaintiffs do not fall within section 4017, which

applies exclusively to inmates confined “under a final judgment

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RUELAS v. COUNTY OF ALAMEDA

Opinion of the Court by Evans, J.

of imprisonment” or “as a condition of probation” and “required

. . . to perform labor,” or section 4018, which authorizes county

boards of supervisors to make rules for the work required under

section 4017. In any event, the reference to “public works” in

section 4017 and its omission from section 4019.3 (as well as

from dozens of other provisions in pt. 3, tit. 4, ch. 1 of the Pen.

Code) indicates the Legislature knows how to restrict the scope

of a provision to public works if it wishes to do so. (See People v.

Cole (2006) 38 Cal.4th 964, 979 [“Had the Legislature intended”

one subdivision to share the limitation included in a different

subdivision, “it no doubt would have included similar

language”].) “It is not for us to insert a limitation the

Legislature excluded.” (Kaanaana, supra, 11 Cal.5th at p. 171.)3

Plaintiffs contend that section 4019.3 cannot apply to

public-private work programs because such partnerships were

prohibited under the law at the time the statute was enacted.

As Aramark points out, though, plaintiffs’ premise is

questionable. At the time section 4019.3 was enacted, the state

Constitution barred contracting out “[t]he labor of convicts . . .

to any person, copartnership, company or corporation” and

further provided that “the Legislature shall, by law, provide for

the working of convicts for the benefit of the State.” (Cal. Const.,

former art. X, § 6, italics added.) It’s not immediately apparent

the bar applied to the labor of convicted persons in county jails,

let alone nonconvicted persons such as plaintiffs. (See Pitts v.

Reagan (1971) 14 Cal.App.3d 112, 115 [“It has been the practice

3

Reading a “public works” limitation into the statutes that

form Part 3, Title 4, Chapter 1 of the Penal Code would also strip

many inmates of important statutory rights, including the

ability to earn worktime credits under section 4019.

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Opinion of the Court by Evans, J.

in California, at least in some areas, for ‘local county prisoners’

to aid in crop harvesting during periods when a farm labor

shortage was believed to exist”]; Copeland v. County of Kern

(1951) 105 Cal.App.2d 821, 825–826 [noting the issue but

declining to resolve it]; but see Ballot Pamp., Gen. Elec. (Nov. 6,

1990), analysis of Prop. 139 by Legis. Analyst, p. 65 (Ballot

Pamphlet) [“the California Constitution prohibits contracting

with any private agency for the use of state prison or local jail

inmate labor”].) Yet even assuming that public-private

partnerships for the labor of county jail detainees were not

permitted at the time of section 4019.3’s enactment, it does not

follow that the statute cannot apply to such partnerships.

Where, as here, “lawmakers choose broad statutory language ‘it

is unimportant that the particular application may not have

been contemplated.’ ” (Los Angeles Unified School Dist. v.

Garcia (2013) 58 Cal.4th 175, 192, quoting Barr v. United States

(1945) 324 U.S. 83, 90; see People v. Bell (2015) 241 Cal.App.4th

315, 344 [“Courts have applied these interpretive methods in

countless cases, refusing to read an exception into a statute

merely because a particular application was likely

unanticipated by the enacting legislature”].) Indeed, section

4019.3, by its terms, does not turn on the identity of the

employer. Rather, it depends on who performs the work

(“prisoner[s] confined in or committed to a county jail”) and

where the work is performed (“in such county jail”). And while

section 4019.3 constrains what “[t]he board of supervisors may

provide” as a wage credit, plaintiffs do not dispute that it is the

board of supervisors that is ultimately responsible for the terms

of work performed by detainees pursuant to a public-private

partnership.

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Opinion of the Court by Evans, J.

Plaintiffs argue next that even if section 4019.3 has a

broad scope and could apply to inmates working at the jail for a

public-private partnership, it would not preclude “the

application of the Labor Code . . . here” because section 4019.3

is “permissive” and sets forth “how the board of supervisors

‘may’ act, not how it is required to act.” Consequently, plaintiffs

assert, section 4019.3 and the minimum wage protections in the

Labor Code “ ‘can occupy the same domain without any inherent

antagonism.’ ” But plaintiffs fail to explain how that could be

so. A county may not simultaneously comply with Penal Code

section 4019.3, which sets the compensation ceiling at no more

than two dollars per eight-hour shift, and at the same time

comply with the Labor Code, which sets a minimum wage floor

that is far above that. Properly understood, section 4019.3 is

permissive in that, as the legislative history reveals, it “will

permit a County Board of Supervisors to pay a county jail

prisoner up to” the amount specified in the statute. (Assem.

Com. on Crim. Procedure, Analysis of Sen. Bill No. 1394, supra,

as introduced May 4, 1959, p. 1.) But it does not ensure county

jail inmates working in the county jail will be paid anything at

all.

Finally, nothing in Proposition 139, the Prison Inmate

Labor Initiative of 1990, imposes an obligation on local

governments or private entities to comply with the Labor Code’s

minimum wage provisions for detainees working in county jails.

Proposition 139 repealed the constitutional prohibition on

contracting for “[t]he labor of convicts” and provided instead

that “[t]he Director of Corrections or any county Sheriff or other

local government official charged with jail operations[] may

enter into contracts with public entities, nonprofit or for profit

organizations, entities, or businesses for the purpose of

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Opinion of the Court by Evans, J.

conducting programs which use inmate labor.” (Ballot Pamp.,

supra, text of Prop. 139, §§ 3, 4, p. 136, strikethrough omitted;

see Cal. Const., art. XIV, § 5.) Although the ballot measure

granted this power to both state and local custodial officials, it

articulated distinct frameworks for each. State prisoners were

guaranteed by statute compensation “comparable to wages paid

by the joint venture employer to non-inmate employees

performing similar work for that employer,” subject to

deductions for taxes, room and board, restitution, and family

support, “as determined by the Director of Corrections, which

shall not in the aggregate exceed 80 percent of gross wages.”

(Ballot Pamp., supra, text of Prop. 139, p. 137.) More generally,

the measure provided that programs for state prisoner labor

“shall be operated and implemented pursuant to statutes

enacted by or in accordance with the provisions of the Prison

Inmate Labor Initiative of 1990 and by rules and regulations

prescribed by the Director of Corrections.” (Ballot Pamp., supra,

text of Prop. 139, § 4, p. 136.) But none of the wage requirements

in the initiative were applied to labor involving county jail

inmates. For the latter category, Proposition 139 said only that,

in addition “to statutes enacted by or in accordance with the

Prison Inmate Labor Initiative of 1990,” the public-private

programs “shall be operated and implemented pursuant to . . .

local ordinances.” (Ballot Pamp., supra, text of Prop. 139, § 4, p.

136.)

The ballot measure was conspicuously silent as to how

counties should structure and operate their programs. It did

not, for example, “specify the content of the local ordinances.”

(Ballot Pamp., supra, analysis by the Legis. Analyst, p. 65.) Nor

was it “possible” for the Legislative Analyst “to estimate the

[fiscal] impact of the measure on local governments,” since “local

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Opinion of the Court by Evans, J.

ordinances that would implement contracts for use of jail labor

are not required to contain specific fiscal provisions.” (Ibid.,

italics added.)

The question posed by the Ninth Circuit asks us to assume

that no local ordinance governs plaintiffs’ work at the jail —

and, indeed, the parties agree that no such ordinance exists.

Plaintiffs argue that in the absence of a local ordinance, the

Labor Code necessarily applies. But they fail to grapple with

section 4019.3, which sets a specific wage range, well below the

state minimum, for convicted and nonconvicted inmates

working in a county jail. Notably, plaintiffs do not argue that

Proposition 139 displaced section 4019.3, and we would not

lightly adopt such a construction. The electorate is presumed to

be aware of existing laws — including the compensation scheme

in section 4019.3 for nonconvicted county jail inmates — at the

time Proposition 139 was enacted. (See Professional Engineers

in California Government v. Kempton (2007) 40 Cal.4th 1016,

1048.) And unless a conflict between a statute and a provision

of the state Constitution is “clear and unquestionable,” we must

uphold the statute. (California Housing Finance Agency v.

Elliott (1976) 17 Cal.3d 575, 594; see California Cannabis

Coalition v. City of Upland (2017) 3 Cal.5th 924, 945 [applying

the “strong presumption” against implied repeal].)

Consequently, we must “try to harmonize constitutional

language with that of existing statutes if possible.” (Santos v.

Brown (2015) 238 Cal.App.4th 398, 410.)

We conclude that article XIV, section 5 of the California

Constitution and Penal Code section 4019.3 can be harmonized.

(See Penziner v. West American Finance Co. (1937) 10 Cal.2d

160, 176 [“nor are the provisions of the two acts so inconsistent

or repugnant that the later repealed the earlier by

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Opinion of the Court by Evans, J.

implication”].) Under the state Constitution, public-private

programs for county jail inmate labor “shall be operated and

implemented pursuant to statutes enacted by or in accordance

with the provisions of the Prison Inmate Labor Initiative of

1990, and by rules and regulations prescribed by . . . local

ordinances.” (Cal. Const., art. XIV, § 5, subd. (a).) Penal Code

section 4019.3, which concerns the operation and

implementation of public-private partnerships for county

inmate labor, appears to be “in accordance with” the provisions

of Proposition 139, in that the two enactments can coexist

where, as here, no local ordinance provides otherwise.

Plaintiffs and their amici curiae advance several policy

arguments for paying a minimum wage to nonconvicted

detainees who work in jail. Plaintiffs emphasize, in particular,

that “[n]on-convicted detainees have not been convicted of

crimes,” but their right to payment for their work is less than

that granted to fellow inmates who have been convicted. They

note that the wages for convicted state prisoners, who can be

forced to work without pay (U.S. Const., 13th Amend.;4 Cal.

Const., art. I, § 6;5 Pen. Code, § 2700), must be “comparable” to

non-inmate workers when the prisoners are laboring, even

voluntarily, for a public-private partnership (Pen. Code,

§ 2717.8). In contrast, nonconvicted detainees working for a

4

The Thirteenth Amendment to the United States

Constitution provides, in relevant part, that “[n]either slavery

nor involuntary servitude, except as a punishment for crime

whereof the party shall have been duly convicted, shall exist

within the United States . . . .” (Italics added.)

5

Article I, section 6 of the California Constitution provides

that “[s]lavery is prohibited. Involuntary servitude is prohibited

except to punish crime.”

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Opinion of the Court by Evans, J.

public-private partnership in the county jail, who cannot be

forced to work, may be paid nothing.

Plaintiffs and their amici curiae also point out that the

mere fact of detention may cause detainees to lose wage income

and potentially their jobs during their incarceration, and thus

their ability to support themselves and their families. They

assert that detainees (or their families) in many jurisdictions

must also pay to maintain contact through phone calls, video

calls, and visits — and to obtain what amici curiae have

described as necessary items from the commissary. (See In re

Humphrey (2018) 19 Cal.App.5th 1006, 1032, fn. 13.) The

provision of a minimum wage for detainee labor could

ameliorate some of these burdens. Yet the wage rate for county

jail inmates laboring in the jail remains capped at a level set

nearly 50 years ago.

Plaintiffs recognize that they receive certain nonmonetary

benefits by working at the jail. According to the First Amended

Complaint, “working in the kitchen means that plaintiffs can get

out of their cells for some portion of the day, which is beneficial

to their physical and mental health, and obtain additional food

for their own enjoyment and nutrition.” Detainees also receive

worktime credits for their labor (see Pen. Code, § 4019, subd.

(b)), but these credits end up providing no benefit to those

detainees who are not ultimately convicted of an offense and

punished with a term of incarceration.

Defendants and their amici curiae acknowledge these

concerns, although they also elaborate on other benefits

nonconvicted incarcerated people may receive. They explain

that participation in voluntary work programs offers an

opportunity to acquire job skills and training; facilitates post-

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Opinion of the Court by Evans, J.

incarceration employment and reduction of recidivism; and, in

addition to defraying the costs of room and board, creates an

incentive for good behavior, which affects the level of jail

security. Mandating a minimum wage, they argue, would

increase the costs of these programs, potentially reducing work

opportunities or diverting resources from other inmate

programs.

We acknowledge the policy concerns raised by the parties,

their amici curiae, and others.6 Whether the result here, based

on an interpretation of the current statutory scheme, “is a

desirable policy is a matter beyond our purview, but it is not

beyond the Legislature’s. The Legislature can, if it sees fit,

adjust” its approach to the payment of wages or wage credits for

those awaiting adjudication of their cases as well as for

convicted persons. (Kaanaana, supra, 11 Cal.5th at p. 182 (conc.

opn. of Kruger, J.).)

Under the law as it currently stands, however, we

conclude that nonconvicted incarcerated individuals performing

services in county jails for a for-profit company to supply meals

within the county jails and related custody facilities do not have

a claim for minimum wages and overtime under Section 1194 of

the California Labor Code, even in the absence of a local

6

The California Reparations Task Force (Gov. Code, former

§ 8301 et seq.) has recommended that “the Legislature provide

payment of the fair market value of the labor provided by

incarcerated persons, whether they are in jail or prison.” (Cal.

Task Force to Study and Develop Reparation Proposals for

African Americans, Final Report (2023) p. 645.)

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Opinion of the Court by Evans, J.

ordinance prescribing or prohibiting the payment of wages for

these individuals.7

EVANS, J.

We Concur:

GUERRERO, C. J.

CORRIGAN, J.

LIU, J.

KRUGER, J.

GROBAN, J.

JENKINS, J.

7

This is sufficient to answer the question posed by the

Ninth Circuit. We express no views as to whether a different

rule would apply to nonconvicted incarcerated individuals

working for a for-profit company outside the county jail.

17

See next page for addresses and telephone numbers for counsel who

argued in Supreme Court.

Name of Opinion Ruelas v. County of Alameda

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Procedural Posture (see XX below)

Original Appeal

Original Proceeding XX on request by 9th Circuit (Cal. Rules of

Court, rule 8.548)

Review Granted (published)

Review Granted (unpublished)

Rehearing Granted

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Opinion No. S277120

Date Filed: April 22, 2024

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Court:

County:

Judge:

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Counsel:

Covington & Burling, Cortlin H. Lannin, Isaac D. Chaput, Adam Z.

Margulies, Eric C. Bosset and Kevin F. King for Defendant and

Appellant Aramark Correctional Services, LLC.

Hanson Bridgett, Paul B. Mello, Adam W. Hofmann, Samantha D.

Wolff, Gilbert J. Tsai, Winston K. Hu and Gary A. Watt for Defendants

and Appellants County of Alameda and Sheriff Gregory J. Ahern.

Jennifer Bacon Henning for California State Association of Counties

and California State Sheriffs’ Association as Amici Curiae on behalf of

Defendants and Appellants.

Siegel, Yee, Brunner & Mehta, Dan Siegel, Anne Butterfield Weills,

EmilyRose Johns and Sara Beladi for Plaintiffs and Respondents.

Kyle Virgien; Summer Lacey; and Shilpi Agarwal for American Civil

Liberties Union Foundation, American Civil Liberties Union

Foundation of Southern California, American Civil Liberties Union

Foundation of Northern California, Fines and Fees Justice Center,

Prison Law Office, Prison Policy Initiative, Roderick & Solange

MacArthur Justice Center and Worth Rises as Amici Curiae on behalf

of Plaintiffs and Respondents.

Bradan Litzinger, Molly Lao and Sabina Crocette for Legal Aid at

Work, California Employment Lawyers Association, Communities

United for Restorative Youth Justice, Impact Fund, National

Employment Law Project and Root & Rebound as Amici Curiae on

behalf of Plaintiffs and Respondents.

Kellie Walters for Legal Services for Prisoners with Children as

Amicus Curiae on behalf of Plaintiffs and Respondents.

Counsel who argued in Supreme Court (not intended for

publication with opinion):

Dan Siegel

Siegel, Yee, Brunner & Mehta

475 14th Street, Suite 500

Oakland, CA 94612

(510) 839-1200

Gary A. Watt

Hanson Bridgett LLP

425 Market Street, 26th Floor

San Francisco, CA 94105

(415) 777-3200

Kevin F. King

Covington & Burling LLP

850 Tenth Street NW

Washington, DC 20001

(202) 662-5488

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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