Fair Wages for Incarcerated Workers Act of 2026
- Bill Number
- H.R. 8002
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-03-19: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-06-01T14:12:48Z
AI-Generated Summary
Fair Wages for Incarcerated Workers Act of 2026 (H.R. 8002)
Purpose
The legislation aims to extend minimum wage and overtime protections under the Fair Labor Standards Act of 1938 to individuals working while incarcerated or detained in correctional facilities. It seeks to ensure that such workers receive fair compensation for their labor, including work in prison programs, facility maintenance, and private contracts.
Key Provisions
- Coverage of Incarcerated Workers: Amends the definition of "employee" in the Fair Labor Standards Act to explicitly include individuals employed as incarcerated workers by public agencies operating correctional facilities or by private entities under contract with such agencies.
- Wage Calculation Adjustments: Modifies the wage definition to exclude deductions for board, lodging, or court-imposed fees when calculating pay for incarcerated workers.
- Definitions Added:
- Incarcerated worker: Covers anyone performing work required or offered by a correctional facility, including prison industries, work release, UNICOR programs, public works, and private entity operations.
- Correctional facility: References the existing definition from the Omnibus Crime Control and Safe Streets Act of 1968.
- Court-imposed fee: Includes various fees from criminal convictions (such as surcharges, attorney fees, or late fees) but excludes child support, victim compensation, civil judgments, or criminal fines.
Significant Changes to Existing Law
This bill alters the Fair Labor Standards Act by removing prior exemptions that typically excluded incarcerated workers from minimum wage requirements. It creates a new category of covered employees specifically for those in public or privately operated facilities, and it prohibits certain common deductions from their wages.
Potential Impacts
- Government Agencies: Federal, state, and local correctional facilities would face increased operational costs to comply with wage standards, potentially affecting budgets for prison programs and maintenance.
- Citizens: Incarcerated individuals would gain legal entitlement to minimum wages, which could influence restitution payments or facility economies, while broader taxpayer funding for corrections might rise.
- International Relations: No direct provisions address international matters, though the changes align with broader U.S. labor standards that could indirectly relate to global human rights discussions on prison labor.
Main Stakeholders Affected
- Incarcerated workers performing various facility-related tasks.
- Public agencies and private contractors operating correctional facilities.
- Courts and justice systems involved in imposing fees.
- Prison industries and work program administrators.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens worker protections by integrating prison labor into existing federal wage laws, potentially leading to new enforcement actions by the Department of Labor.
- Constitutional: Raises considerations around labor rights in detention settings, including how wage requirements interact with existing interpretations of involuntary servitude provisions.
- Political: Focuses on expanding labor fairness in the criminal justice system, which could prompt debates on prison costs, rehabilitation, and equity in employment standards.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Cleaver, Emanuel [D-MO-5]
Cosponsors (9)
Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Ramirez, Delia C. [D-IL-3], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Davis, Danny K. [D-IL-7], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Pocan, Mark [D-WI-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Adams, Alma S. [D-NC-12]
Recent Actions
- 2026-03-19: Referred to the House Committee on Education and Workforce.
- 2026-03-19: Introduced in House
- 2026-03-19: Introduced in House
Bill Versions
- Fair Wages for Incarcerated Workers Act of 2026 — issued 2026-03-19 — PDF (4 pages)