Fair Wages for Incarcerated Workers Act of 2026
HB8002, titled the Fair Wages for Incarcerated Workers Act of 2026, would amend the Fair Labor Standards Act (FLSA) to treat incarcerated workers as employees for wage-and-hour purposes. The bill covers people working in correctional facilities operated by public agencies and, in the case of privately operated prisons, by the private entity running the facility under contract with a public agency. It applies to work performed through prison labor programs, work release, UNICOR, state prison industries, public works programs, facility operations and maintenance, and work for private entities.
The bill also changes how wages are calculated for incarcerated workers. It specifies that the value of board, lodging, and other facilities, as well as amounts withheld to pay court-imposed fees, may not be counted as wages paid to these workers. It defines “court-imposed fee” broadly to include many criminal-justice-related charges, but excludes child support, victim compensation payments, civil judgments, and criminal fines. In effect, the bill would create a federal wage floor for incarcerated labor and limit deductions that reduce take-home pay.
If enacted, the bill would expand the FLSA’s definition of “employee” to include incarcerated workers, creating federal minimum wage and overtime coverage for many people working while incarcerated. It would also impose new obligations on public agencies and private prison operators to comply with federal wage standards and recordkeeping requirements for covered labor. The measure would likely affect state prison labor systems, prison industries, work-release programs, and private correctional contracts by requiring changes to compensation practices and deductions.
Based on the bill’s title and sponsors, the measure appears to have support from lawmakers concerned with labor rights, criminal justice reform, and fair compensation for incarcerated people. There is no recorded committee debate or vote history in the provided materials, so no formal opposition or bipartisan support can be measured from the available record. The introduction by multiple members suggests the bill was framed as a reform effort rather than a technical correction.
The main points of contention are likely to be whether incarcerated labor should be treated as covered employment under federal wage law, and whether applying minimum wage and overtime rules would disrupt prison operations, work programs, or state correctional budgets. Another likely issue is the bill’s reach to private prison operators and private entities using incarcerated labor, as well as the restriction on using wages to satisfy court-imposed fees. Supporters would likely emphasize worker protections and fair pay, while critics may argue the bill could increase costs, reduce program availability, or conflict with existing correctional labor practices.