HR 8002
Fair Wages for Incarcerated Workers Act of 2026
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Bill overview
This bill amends the Fair Labor Standards Act to extend protections to incarcerated workers. Specifically, it expands the definition of ‘employee’ to include individuals working in correctional facilities, regardless of whether the facility is run by a public or private entity. It also clarifies that the cost of housing and facilities provided to incarcerated workers shouldn’t be counted as wages, and defines ‘incarcerated worker’ and ‘court-imposed fee’ for legal clarity.
Key provisions
- Expands the definition of ‘employee’ to include incarcerated workers in public and private correctional facilities.
- Requires that the cost of board, lodging, and facilities provided to incarcerated workers not be included in their wages.
- Defines ‘incarcerated worker’ as an individual working in a correctional facility.
- Defines ‘court-imposed fee’ for wage calculations.
- Clarifies that private entities operating correctional facilities under contract with public agencies are also responsible for complying with wage standards.
Who is affected
- Incarcerated individuals
- Correctional facilities (public and private)
- Private entities operating correctional facilities under contract
- Public agencies operating correctional facilities
- Workers in correctional facilities
Notable changes
- Extends protections under the Fair Labor Standards Act to incarcerated workers, who were previously excluded.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Eleanor Holmes [D-DC-At Large] Norton
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119th CONGRESS — 2d Session
H. R. 8002
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require coverage of incarcerated workers under the Fair Labor Standards Act of 1938, and for other purposes.
This Act may be cited as the Fair Wages for Incarcerated Workers Act of 2026
.
Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended—
in subsection (e)—
in paragraph (2)—
in subparagraph (B), by striking ; and
and inserting a semicolon;
in subparagraph (C)(ii)(V), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
any individual employed as an incarcerated worker by a public agency that operates the correctional facility in which such individual is incarcerated or detained.
by adding at the end the following:
The term employee includes (in addition to an individual described in paragraph (2)(D)) any individual employed as an incarcerated worker by a private entity that operates, through a contract with a public agency, the correctional facility in which such individual is incarcerated or detained.
in subsection (m)(1), by striking any employee.
and inserting any employee: Provided further, That, in the case of an employee who is an incarcerated worker, the cost of board, lodging, or other facilities and any amount taken from amounts paid by such incarcerated worker for payment of a court-imposed fee shall not be included in the wage paid to such employee.
; and
by adding at the end the following:
Incarcerated worker means an individual, incarcerated or detained in a correctional facility operated by a public agency or by a private entity through a contract with a public agency, who performs work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, the UNICOR program, State prison industries, public works programs, restitution centers, correctional facility operations and maintenance, and private entities.
An incarcerated worker shall be considered employed by—
the public agency operating the correctional facility in which the individual is incarcerated or detained; or
in the case of a correctional facility operated by a private entity through a contract with a public agency, such private entity.
Correctional facility has the meaning given such term in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Court-imposed fee means any fee imposed by a court as a result of a criminal conviction, including any surcharge imposed for a felony or misdemeanor conviction, a criminal justice administrative fee, a court-appointed attorney fee, a court clerk fee, a filing clerk fee, a DNA database fee, a jury fee, a crime lab analysis fee, a late fee, an installment fee, or any other court cost.
The term court-imposed fee does not include any amount required by a court to be paid for child support, to a crime victim compensation fund, for a civil judgment, or for a criminal fine.