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

Defining the Job

Because a special minimum wage paid to a worker with a disability must be a commensurate wage—one based on the productivity of a worker who does not have a disability that impairs his or her performance on essentially the same job—it is important that the job be fully defined.

A detailed job description should be prepared that defines the specific job duties, responsibilities and tasks; identifies the types of equipment and supplies used to perform the tasks; lists the types of skills, education or experience levels required; and indicates the location, and days and times of the week the work will be performed. It is also essential that the job description defines and establishes the minimum acceptable levels of quantity (how much production must be accomplished) and quality (how well the job must be performed).

This job description will be useful when determining the prevailing wage and when setting the standard upon which the commensurate wage will be based. It is important that employers periodically review the job descriptions to ensure that they continue to be accurate and appropriate for the work being performed. A good time to conduct this review is immediatly prior to conducting the annual prevailing wage survey.

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