Federal

Fair Wages for Incarcerated Workers Act of 2023

Source: Congress.gov · 783 words in original text

What This Bill Does

This bill changes federal labor law to require that people who work while incarcerated receive the same wage protections as other workers. The bill amends the Fair Labor Standards Act of 1938 to include incarcerated workers as employees covered by federal wage requirements.

Who It Affects

People incarcerated or detained in correctional facilities (both public and private). Public agencies that operate correctional facilities. Private companies that operate correctional facilities under contract with public agencies.

Key Provisions

* Incarcerated workers employed by public agencies that operate the correctional facility where they are held become covered under federal wage law (Sec. 2). * Incarcerated workers employed by private companies operating correctional facilities under contract with public agencies become covered under federal wage law (Sec. 2). * For incarcerated workers, the cost of food, housing and other facilities cannot be subtracted from their wages, and court-imposed fees also cannot be subtracted from their wages (Sec. 2). * The bill defines "incarcerated worker" to include people working in prison work programs, work release programs, UNICOR (a federal prison industry program), state prison industries, public works programs, restitution centers and correctional facility operations (Sec. 2). * The bill defines "court-imposed fee" as fees from criminal convictions including surcharges, attorney fees, court clerk fees, DNA database fees and crime lab fees, but excludes child support, crime victim compensation and civil judgments (Sec. 2).

What Changes

Currently, incarcerated workers are not covered by federal wage protections. This bill would require incarcerated workers to receive federal wage protections, and would prevent employers from deducting housing costs or court fees from their paychecks.

Important Definitions

* Incarcerated worker: A person incarcerated or detained in a correctional facility who performs work offered or required by that facility. * Correctional facility: Not fully defined in this bill. The bill refers to the definition in another federal law (the Omnibus Crime Control and Safe Streets Act of 1968). * Court-imposed fee: Any fee imposed by a court as a result of criminal conviction, including surcharges, attorney fees, court fees, DNA database fees, jury fees and crime lab fees. Does not include child support, crime victim compensation or civil judgments.

II 118TH CONGRESS 1ST SESSION S. 516 To require coverage of incarcerated workers under the Fair Labor Standards Act of 1938, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 16, 2023 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fair Wages for Incar- 4 cerated Workers Act of 2023’’. 5 SEC. 2. COVERAGE OF INCARCERATED WORKERS UNDER 6 THE FAIR LABOR STANDARDS ACT OF 1938. 7 Section 3 of the Fair Labor Standards Act of 1938 8 (29 U.S.C. 203) is amended— 9 (1) in subsection (e)— 10 VerDate Sep 11 2014 04:34 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S516.IS S516 kjohnson on DSK79L0C42PROD with BILLS 2 •S 516 IS (A) in paragraph (2)— 1 (i) in subparagraph (B), by striking ‘‘; 2 and’’ and inserting a semicolon; 3 (ii) in subparagraph (C)(ii)(V), by 4 striking the period at the end and inserting 5 ‘‘; and’’; and 6 (iii) by adding at the end the fol- 7 lowing: 8 ‘‘(D) any individual employed as an incar- 9 cerated worker by a public agency that operates 10 the correctional facility in which such individual 11 is incarcerated or detained.’’; and 12 (B) by adding at the end the following: 13 ‘‘(6) The term ‘employee’ includes (in addition 14 to an individual described in paragraph (2)(D)) any 15 individual employed as an incarcerated worker by a 16 private entity that operates, through a contract with 17 a public agency, the correctional facility in which 18 such individual is incarcerated or detained.’’; 19 (2) in subsection (m)(1), by striking ‘‘any em- 20 ployee.’’ and inserting ‘‘any employee: Provided fur- 21 ther, That, in the case of an employee who is an in- 22 carcerated worker, the cost of board, lodging, or 23 other facilities and any amount taken from amounts 24 paid such incarcerated worker for payment of a 25 VerDate Sep 11 2014 04:34 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S516.IS S516 kjohnson on DSK79L0C42PROD with BILLS 3 •S 516 IS court-imposed fee shall not be included in the wage 1 paid to such employee.’’; and 2 (3) by adding at the end the following: 3 ‘‘(z)(1) ‘Incarcerated worker’ means an individual, in- 4 carcerated or detained in a correctional facility operated 5 by a public agency or by a private entity through a con- 6 tract with a public agency, who performs work offered or 7 required by or through the correctional facility, including 8 work associated with prison work programs, work release 9 programs, the UNICOR program, State prison industries, 10 public works programs, restitution centers, correctional fa- 11 cility operations and maintenance, and private entities. 12 ‘‘(2) An incarcerated worker shall be considered em- 13 ployed by— 14 ‘‘(A) the public agency operating the correc- 15 tional facility in which the individual is incarcerated 16 or detained; or 17 ‘‘(B) in the case of a correctional facility oper- 18 ated by a private entity through a contract with a 19 public agency, such private entity. 20 ‘‘(aa) ‘Correctional facility’ has the meaning given 21 such term in section 901 of the Omnibus Crime Control 22 and Safe Streets Act of 1968 (34 U.S.C. 10251). 23 ‘‘(bb)(1) ‘Court-imposed fee’ means any fee imposed 24 by a court as a result of a criminal conviction, including 25 VerDate Sep 11 2014 04:34 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S516.IS S516 kjohnson on DSK79L0C42PROD with BILLS 4 •S 516 IS any surcharge imposed for a felony or misdemeanor con- 1 viction, a criminal justice administrative fee, a court-ap- 2 pointed attorney fee, a court clerk fee, a filing clerk fee, 3 a DNA database fee, a jury fee, a crime lab analysis fee, 4 a late fee, an installment fee, or any other court cost. 5 ‘‘(2) The term ‘court-imposed fee’ does not include 6 any amount required by a court to be paid for child sup- 7 port, to a crime victim compensation fund, for a civil judg- 8 ment, or for a criminal fine.’’. 9 Æ VerDate Sep 11 2014 04:34 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S516.IS S516 kjohnson on DSK79L0C42PROD with BILLS

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