Pooled Piece Rates (Team Work Wages) Under FLSA Section 14(c)

A special minimum wage is a commensurate wage, one based on the individual productivity—no matter how limited—of the worker with a disability.

Each worker with a disability employed on a piece rate basis should be paid the full earnings resulting from his or her own productivity. The Wage and Hour Division discourages the pooling of earnings since this practice may result in the worker with a disability receiving less than his or her full commensurate wage.

Employers may “pool” earnings only when piece rates cannot be established for each individual worker. Every effort should be made to objectively divide the earnings according to the productivity level of each individual worker (see Regulations 29 CFR Part 525.12(i)).

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