Fair Wages for Incarcerated Workers Act of 2026

This bill seeks to expand the coverage of the Fair Labor Standards Act of 1938 (FLSA) to include individuals performing work while incarcerated. It specifically amends the FLSA's definition of an "employee" to encompass incarcerated workers, regardless of whether they are employed by a public agency operating a correctional facility or a private entity contracted to do so. This expansion aims to ensure that these workers receive the same fundamental labor protections as other employees under federal law. A crucial provision of the bill prevents employers from including the cost of board, lodging, or court-imposed fees when calculating the wages paid to incarcerated workers for FLSA purposes. This ensures that such deductions do not reduce their effective pay below the minimum wage. The bill also provides clear definitions for an "incarcerated worker," encompassing various prison work programs, and for "court-imposed fee," which includes a wide range of judicial charges but excludes child support or criminal fines.