1. Short title This Act may be cited as the Fair Wages for Incarcerated Workers Act of 2023 . 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.