119-hr-8002119th CongressWALLET

Fair Wages for Incarcerated Workers Act of 2026

Sponsored By: Representative Cleaver, Emanuel [D-MO-5]

Introduced

Summary

Would extend FLSA minimum wage and overtime protections to incarcerated workers. This bill would rewrite the Fair Labor Standards Act's definition of "employee" to cover people who work in correctional facilities run by public agencies or by private entities under contract with a public agency.

Show full summary
  • Incarcerated workers would be treated as employees under the FLSA and eligible for minimum wage and overtime rules. Their legal wages could not include the cost of board, lodging, or other facility charges, nor amounts taken to pay court-imposed fees.
  • Public agencies and private contractors that operate or run correctional facilities under contract would be treated as the employing entity. Those employers would need to follow FLSA rules for the work performed inside those facilities.
  • The bill adds clear definitions. It defines "incarcerated worker," lists covered programs like prison work programs, work release, UNICOR, and state prison industries, and gives a broad definition of "court-imposed fee" while excluding child support, victim fund payments, civil judgments, and criminal fines.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Minimum pay rights for incarcerated workers

If enacted, the bill would treat people who work while incarcerated as employees under the Fair Labor Standards Act. The prison or a private contractor running the prison would be treated as the employer. The bill would say the cost of board, housing, or other facility charges would not count as wages. It would also say amounts taken from an incarcerated worker to pay court-imposed fees would not count as wages. The bill would define who counts as an "incarcerated worker", define "correctional facility", and list which court fees are included or excluded.

Sponsors & CoSponsors

Sponsor

Cleaver, Emanuel [D-MO-5]

MO • D

Cosponsors

  • Rep. Kamlager-Dove, Sydney [D-CA-37]

    CA • D

    Sponsored 3/19/2026

  • Rep. Johnson, Henry C. "Hank" [D-GA-4]

    GA • D

    Sponsored 3/19/2026

  • Rep. Ramirez, Delia C. [D-IL-3]

    IL • D

    Sponsored 3/19/2026

  • Rep. García, Jesús G. "Chuy" [D-IL-4]

    IL • D

    Sponsored 3/19/2026

  • Rep. Davis, Danny K. [D-IL-7]

    IL • D

    Sponsored 3/19/2026

  • Rep. Pocan, Mark [D-WI-2]

    WI • D

    Sponsored 3/19/2026

  • Del. Norton, Eleanor Holmes [D-DC-At Large]

    DC • D

    Sponsored 3/19/2026

  • Rep. Stansbury, Melanie A. [D-NM-1]

    NM • D

    Sponsored 3/19/2026

  • Rep. Adams, Alma S. [D-NC-12]

    NC • D

    Sponsored 4/20/2026

  • Rep. Hayes, Jahana [D-CT-5]

    CT • D

    Sponsored 9/16/2026

Roll Call Votes

No roll call votes available for this bill.

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