S. 4143

119 S4143 IS: Fair Wages for Incarcerated Workers Act of 2026
 U.S. Senate
 2026-03-19
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4143  IN THE SENATE OF THE UNITED STATES   March 19, 2026   Mr. Booker  introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To require coverage of incarcerated workers under the Fair Labor Standards Act of 1938, and for other purposes.
1.
Short title
This Act may be cited as the   Fair Wages for Incarcerated Workers Act of 2026  .
2.
Coverage of incarcerated workers under the Fair Labor Standards Act of 1938
Section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is amended—
(1)
in subsection (e)—
(A)
in paragraph (2)—
(i)
in subparagraph (B), by striking  ; and  and inserting a semicolon;
(ii)
in subparagraph (C)(ii)(V), by striking the period at the end and inserting  ; and ; and
(iii)
by adding at the end the following:
(D)
any individual employed as an incarcerated worker by a public agency that operates the correctional facility in which such individual is incarcerated or detained.
 ; and
(B)
by adding at the end the following:
(6)
The term  employee  includes (in addition to an individual described in paragraph (2)(D)) any individual employed as an incarcerated worker by a private entity that operates, through a contract with a public agency, the correctional facility in which such individual is incarcerated or detained.
 ;
(2)
in subsection (m)(1), by striking  any employee.  and inserting  any employee:  Provided further , That, in the case of an employee who is an incarcerated worker, the cost of board, lodging, or other facilities and any amount taken from amounts paid such incarcerated worker for payment of a court-imposed fee shall not be included in the wage paid to such employee. ; and
(3)
by adding at the end the following:
(z)
(1)
 Incarcerated worker  means an individual, incarcerated or detained in a correctional facility operated by a public agency or by a private entity through a contract with a public agency, who performs work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, the UNICOR program, State prison industries, public works programs, restitution centers, correctional facility operations and maintenance, and private entities.
(2)
An incarcerated worker shall be considered employed by—
(A)
the public agency operating the correctional facility in which the individual is incarcerated or detained; or
(B)
in the case of a correctional facility operated by a private entity through a contract with a public agency, such private entity.
(aa)
 Correctional facility  has the meaning given such term in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ).
(bb)
(1)
 Court-imposed fee  means any fee imposed by a court as a result of a criminal conviction, including any surcharge imposed for a felony or misdemeanor conviction, a criminal justice administrative fee, a court-appointed attorney fee, a court clerk fee, a filing clerk fee, a DNA database fee, a jury fee, a crime lab analysis fee, a late fee, an installment fee, or any other court cost.
(2)
The term  court-imposed fee  does not include any amount required by a court to be paid for child support, to a crime victim compensation fund, for a civil judgment, or for a criminal fine.
 .