The Use of Behavioral Traits When Determining Hourly Commensurate Wage Rates Under FLSA Section 14(c)

Employers may only consider the quality and quantity of work performed when conducting work measurements to establish commensurate wages.

Behavior or general work habits, such as cleanliness, attitude or attendance, must not be considered when establishing commensurate wage rates because they are not objective measures of production.

Employers may not base work measurements on such criteria as “accepts criticism,” “responds appropriately to visitors,” “interacts well with others” and “follows general safety habits.”

Although improving the behavior and attitude of workers with disabilities may be an important part of what work centers hope to accomplish, such factors may not be considered when establishing commensurate wages.

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