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Extending Minimum Wage and Labor Protections to Incarcerated Workers

This bill mandates that incarcerated individuals performing work must be covered by the Fair Labor Standards Act of 1938 (FLSA). This means they would be entitled to minimum wage and overtime protections, similar to other workers. Crucially, the law prevents correctional facilities from counting the cost of room and board or certain court-imposed administrative fees as part of the wages paid to these workers.
Key points
Incarcerated workers gain the right to minimum wage and overtime pay under federal labor law.
Correctional facilities (public or private) cannot deduct the cost of housing, food, or specific court-imposed administrative fees from the worker's minimum wage calculation.
The definition of 'employee' under federal labor law is expanded to include individuals working while incarcerated in various prison programs.
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Additional Information
Print number: 118_S_516
Sponsor: Sen. Booker, Cory A. [D-NJ]
Process start date: 2023-02-16