The "Fair Wages for Incarcerated Workers Act of 2026" aims to extend federal labor protections to individuals performing work while incarcerated. This legislation amends the Fair Labor Standards Act of 1938 (FLSA) to explicitly include incarcerated workers within the definition of "employee." This coverage applies whether they are employed by a public agency operating a correctional facility or by a private entity contracted to do so. A significant provision of the bill clarifies that the cost of board, lodging, or other facilities, along with any court-imposed fees , cannot be included in the wages paid to incarcerated workers. This prevents facilities from deducting these expenses from their earnings. The bill broadly defines "incarcerated worker" to encompass individuals in various prison work programs, including those in public works, state industries, and private entities. It also provides a detailed definition of "court-imposed fee," excluding child support, victim compensation, civil judgments, and criminal fines from this category.
Referred to the House Committee on Education and Workforce.
Fair Wages for Incarcerated Workers Act of 2026
USA119th CongressHR-8002| House
| Updated: 3/19/2026
The "Fair Wages for Incarcerated Workers Act of 2026" aims to extend federal labor protections to individuals performing work while incarcerated. This legislation amends the Fair Labor Standards Act of 1938 (FLSA) to explicitly include incarcerated workers within the definition of "employee." This coverage applies whether they are employed by a public agency operating a correctional facility or by a private entity contracted to do so. A significant provision of the bill clarifies that the cost of board, lodging, or other facilities, along with any court-imposed fees , cannot be included in the wages paid to incarcerated workers. This prevents facilities from deducting these expenses from their earnings. The bill broadly defines "incarcerated worker" to encompass individuals in various prison work programs, including those in public works, state industries, and private entities. It also provides a detailed definition of "court-imposed fee," excluding child support, victim compensation, civil judgments, and criminal fines from this category.