The Fair Wages for Incarcerated Workers Act of 2026 extends federal minimum wage and labor protections to incarcerated workers by bringing them under the Fair Labor Standards Act for the first time. The bill covers individuals working in prisons, whether run by government agencies or private contractors, including those in prison industries, work-release programs, UNICOR, and facility maintenance jobs. Under this legislation, incarcerated workers would be entitled to minimum wage protections, though costs for board, lodging, and court-imposed fees (such as criminal justice fines and attorney fees) could be deducted from their pay. The bill treats incarcerated workers as formal employees of either the public agency or private entity operating their correctional facility. This represents a significant change in federal labor law, as incarcerated workers have historically been exempt from wage and hour protections.
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