I 
118TH CONGRESS 
1ST SESSION H. R. 6293 
To require coverage of incarcerated workers under the Fair Labor Standards 
Act of 1938, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 8, 2023 
Mr. CLEAVER (for himself, Ms. KAMLAGER-DOVE, Ms. SCHAKOWSKY, Mr. 
GARCI´A of Illinois, Ms. JACKSON LEE, Mrs. WATSON COLEMAN, Ms. LEE 
of California, Mr. JOHNSON of Georgia, Ms. TLAIB, Mr. DAVIS of Illinois, 
Mr. GRIJALVA, Mr. JACKSON of Illinois, and Ms. BUSH) introduced the 
following bill; which was referred to the Committee on Education and the 
Workforce 
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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Wages for Incar-
cerated Workers Act of 2023’’. 
VerDate Sep 11 2014 
07:10 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6293.IH
H6293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. COVERAGE OF INCARCERATED WORKERS UNDER 
THE FAIR LABOR STANDARDS ACT OF 1938. 
Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended— 
(1) in subsection (e)— 
(A) in paragraph (2)— 
(i) in subparagraph (B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) in subparagraph (C)(ii)(V), by 
striking the period at the end and inserting 
‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) any individual employed as an incar-
cerated worker by a public agency that operates 
the correctional facility in which such individual 
is incarcerated or detained.’’; and 
(B) by adding at the end the following: 
‘‘(6) The term ‘employee’ includes (in addition 
to an individual described in paragraph (2)(D)) any 
individual employed as an incarcerated worker by a 
private entity that operates, through a contract with 
a public agency, the correctional facility in which 
such individual is incarcerated or detained.’’; 
(2) in subsection (m)(1), by striking ‘‘any em-
ployee.’’ and inserting ‘‘any employee: Provided fur-
VerDate Sep 11 2014 
07:10 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6293.IH
H6293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ther, That, in the case of an employee who is an in-
carcerated 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, in-
carcerated or detained in a correctional facility operated 
by a public agency or by a private entity through a con-
tract 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 fa-
cility operations and maintenance, and private entities. 
‘‘(2) An incarcerated worker shall be considered em-
ployed by— 
‘‘(A) the public agency operating the correc-
tional facility in which the individual is incarcerated 
or detained; or 
‘‘(B) in the case of a correctional facility oper-
ated by a private entity through a contract with a 
public agency, such private entity. 
VerDate Sep 11 2014 
07:10 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6293.IH
H6293
kjohnson on DSK7ZCZBW3PROD with $$_JOB