H.R. 8002: Fair Wages for Incarcerated Workers Act of 2026

This bill, known as the Fair Wages for Incarcerated Workers Act of 2026, aims to amend the Fair Labor Standards Act of 1938 to ensure that individuals working while incarcerated are recognized as employees and entitled to specific wage protections. Here is a summary of the main points of the bill:

Coverage of Incarcerated Workers

The bill broadens the definition of what constitutes an "employee" under the Fair Labor Standards Act to include:

• Individuals employed as incarcerated workers by a public agency running the correctional facility where they are detained.
• Individuals employed as incarcerated workers by private entities that operate correctional facilities through contracts with public agencies.

Wage Protections

The bill specifies that wage protections should apply to incarcerated workers, which includes requirements that:

• The wages for incarcerated workers are to be calculated without deducting costs for board, lodging, or other facilities provided in connection with their employment.
• Any amounts deducted from their pay due to court-imposed fees will not count against the wages they earn.

Definition of Incarcerated Worker

The bill provides a specific definition of an "incarcerated worker." This term includes individuals who:

• Are incarcerated or detained in a correctional facility operated by a public agency.
• Perform work required by or offered through the correctional facility, such as participating in work programs or performing maintenance tasks.

Clarifications and Exceptions

Further clarifications in the bill specify:

• Different types of work that incarcerated individuals may perform, including those related to prison work programs and public works.
• What comprises court-imposed fees that could affect wage calculations, while excluding certain payments such as child support or crime victim restitution from this definition.

Implementation and Compliance

The bill mandates that corrections facilities and private entities comply with these regulations regarding wages and employee status of incarcerated workers, thereby standardizing the treatment of incarcerated labor across facilities.

Relevant Companies

None found.