Use of Pre-Established Standards when Determining Special Minimum Wages Under FLSA Section 14(c)

Some employers may attempt to determine the “standard for the job” by using pre-established (“off-the-shelf”) industrial standards in lieu of conducting a time study.

Industrial pre-established standards are typically too general to use when setting the standard of workers who do not have disabilities.

If pre-existing industrial standards are used as the measure of production for the workers who do not have disabilities, they must be verifiable and reflect the work methods used by the workers with disabilities.

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