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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Age as a Qualifying Disability Under FLSA Section 14(c)

Age may be considered an impairment to earning or productive capacity only when the individual is at least 70 years old and age impairs his or her productivity for the work to be performed. The fact that a worker is over 70 years of age does not, in and of itself, constitute a disability under the law.

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FLSA Section 14(c) Advisor | Wage and Hour Division