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119-s-4143119th CongressWALLET

Fair Wages for Incarcerated Workers Act of 2026

Sponsored By: Senator Booker, Cory A. [D-NJ]

Introduced

Summary

Extend FLSA wage protections to incarcerated workers. This bill would treat people who are incarcerated or detained and who perform work offered or required by a correctional facility as employees under the Fair Labor Standards Act and bar counting board, lodging, facility charges, or most court-imposed fees toward the wages owed to those workers.

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  • Incarcerated people: Would make them employees under FLSA when they work in prison work programs, work release, UNICOR, state prison industries, public works, restitution centers, facility operations, or in private-contracted work. Deductions for board, lodging, other facilities, and court-imposed fees would not count toward the statutory wage.
  • Private contractors: Private entities that operate correctional facility work programs under contract with a public agency would be treated as the employer for FLSA purposes and responsible for paying required wages.
  • Definitions and scope: The bill creates clear definitions for "incarcerated worker," "correctional facility," and "court-imposed fee." It specifies that court-imposed fees do not include child support, victim compensation funds, civil judgments, or criminal fines.

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Bill Overview

Analyzed Economic Effects

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

Fair wages for incarcerated workers

If enacted, the bill would treat people who are incarcerated and doing work for a prison or jail as employees under federal wage laws. It would say the public agency running the facility, or a private contractor running it under contract, is the employer for FLSA rules. The bill would bar counting the cost of board, lodging, or other facility charges as part of an incarcerated worker's wage. It would also bar counting amounts taken to pay court-imposed fees as wages and defines which fees and facilities are covered.

Sponsors & CoSponsors

Sponsor

Booker, Cory A. [D-NJ]

NJ • D

Cosponsors

  • Sen. Murphy, Christopher [D-CT]

    CT • D

    Sponsored 5/21/2026

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 9/15/2026

Roll Call Votes

No roll call votes available for this bill.

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