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

When Prevailing Wage Surveys are Not Required Under FLSA Section 14(c)

If an employer’s workforce consists primarily of workers who do not have disabilities, the wage rate that the employer pays to his or her experienced workers who do not have disabilities who perform similar work may be adopted as the prevailing wage. The employer would not have to conduct a prevailing wage survey in this case. However, if such an employer chooses to perform a prevailing wage survey, the employer must include its own experienced worker wage rate for the work performed as one of the survey wage rates.

Similarly, if an agency or community rehabilitation program places a worker with a disability on the premises of such an employer, the wage paid the employer’s experienced workers who do not have disabilities performing similar work may be used as the prevailing wage. The employer would not have to conduct a prevailing wage survey in this case.

In addition, if the employer has a subcontract to perform a job in essentially the same way and with the same type of equipment as the prime contractor, the employer may use as the prevailing wage the wage rate the prime contractor pays to his or her experienced workers.

Also, the prevailing wage for workers with disabilities performing as service employees on contracts subject to the McNamara-O’Hara Service Contract Act (SCA) would be the wage listed for the classification of work being performed on the U.S. Department of Labor Wage Determination included in the contract (if any). The employer would not have to conduct a prevailing wage survey in this case.

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