S. 4143 – Fair Wages for Incarcerated Workers Act of 2026

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Updated March 26, 2026 at 5:35 AM UTC

The Fair Wages for Incarcerated Workers Act of 2026 changes the Fair Labor Standards Act so that people who work while incarcerated are treated as employees under federal wage law. It applies to workers in both public prisons and private companies that run prison labor programs. The bill makes sure their wages are calculated without deducting costs for housing, food, or court‑imposed fees.

Key Provisions

Amends the Fair Labor Standards Act to add incarcerated workers—people who work while in prison—to the definition of "employee" for both publicly run and privately contracted correctional facilities.
Specifies that incarcerated workers are considered employed by the public agency that runs the facility, or by the private company that operates it under contract.
Requires that wages paid to incarcerated workers cannot include deductions for board, lodging, or any court‑imposed fees, ensuring those costs are not counted as part of their wage.
Provides definitions for "incarcerated worker," "correctional facility," and "court‑imposed fee" to clarify who is covered and what fees are excluded.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

March 19, 2026

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SenateIntro Referral

Introduced in Senate

March 19, 2026

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

March 19, 2026

Bill Text

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Introduced in SenateIssued March 19, 2026

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.

.