Rework Under FLSA Section 14(c)

Rework is perhaps the simplest method of evaluating the performance of workers from both a quality and quantity standpoint. It requires that both the standard setter (the worker who does not have a disability) and the worker with the disability be individually timed performing the identical work until each has met the minimum acceptable levels of quantity and quality.

Once these standards are defined, the worker who does not have a disability is then subjected to a time study. When the worker indicates that he or she has satisfactorily completed the work, the “clock” is stopped, the time is recorded, and the work product is examined by the individual(s) conducting the study to ensure that the worker has met, at least, the minimum acceptable pre-established quantity and quality standards.

• If the minimum acceptable standards have been met, the time as recorded is the standard by which the work of the worker with the disability is compared to establish the commensurate wage rate.

• If either of the minimum acceptable standards is not met, the worker is advised of the shortcoming(s) and the study will resume with the worker performing rework. The “clock” will again be started and continue ticking while the worker corrects/completes the work product to that point where it meets the minimum acceptable standards. The time spent during the initial study, and all time spent performing rework, are then added together to establish the standard of the worker who does not have a disability.

The worker with a disability is then subjected to an identical time study and held to the exact quality and quantity standards as the worker who does not have a disability. When the worker indicates that he or she has satisfactorily completed the work, the “clock” is stopped, the time is recorded, and the work product is examined by the individual(s) conducting the study to ensure that the worker has met, at least, the minimum acceptable pre-established quantity and quality standards.

• If the minimum acceptable quality and quantity standards have been met, the time as recorded is then compared to that of the standard setter (the worker who does not have a disability). The percentage yielded by this comparison is then applied to the prevailing wage in order to determine the commensurate wage.

• If either of the minimum acceptable standards is not met, the worker is advised of the shortcoming(s) and the study will resume with the worker performing rework. The “clock” will again be started and continue ticking while the worker corrects/completes the work product to that point where it meets the minimum acceptable standards.

The time spent during the initial study, and all time spent performing rework, are then added together and compared to that of the standard setter (the worker who does not have a disability). The percentage obtained by this comparison is then applied to the prevailing wage in order to determine the commensurate wage.

When using the rework methodology, it is imperative that both the standard setter and the worker with a disability be held to the same minimum acceptable standards of quality and quantity.

• These standards must be predetermined, written and clearly articulated to the workers before the time studies are conducted.

• Examples of quality standards for hourly paid jobs could include:

• The number of streaks left on a mirror or window to be cleaned by a janitor
• The amount of waste paper remaining in a waste basket to be emptied by a custodian
• The number of pieces of mail that were incorrectly sorted by a mail room attendant
• The number of "patches" of uncut grass left on a lawn being mowed by a landscape worker

When possible, use three different people as the standard setter. Although Regulations 29 CFR Part 525 does not specifically require timing three different people, using three different people allows for the fact that different people normally work at different paces.

If an employer uses the above rework method to measure the quantity and quality of performance, it is not necessary to also use the 90/10 quantity/quality weighting method. But should the employer choose to use the 90/10 quantity/quality weighting method, the quality rating must be the whole 10 percent.

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