The Fair Wages for Incarcerated Workers Act of 2026 extends federal wage protections to people who work while incarcerated in prisons and jails. Currently, incarcerated workers are largely exempt from the Fair Labor Standards Act, which means they are not guaranteed minimum wage or overtime pay. This bill would require that incarcerated workers employed by public correctional facilities or private prison operators be treated as employees entitled to minimum wage and other labor protections. The legislation allows deductions from incarcerated workers' pay for board, lodging, and court-imposed fees like criminal fines and attorney costs, but prevents facilities from using deductions to reduce wages below the minimum. The bill applies to all types of prison work, including prison industries, work-release programs, facility maintenance, and other labor programs.
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