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

Deductions from Special Minimum Wages (SMWs) Under FLSA Section 14(c)

The general principles concerning authorized deductions from the minimum wage under the FLSA apply to workers with disabilities who are paid SMWs.

Additional requirements are imposed upon employers of patient workers paid SMWs. Hospitals and institutions may not make deductions from patient workers’ commensurate wages to cover the cost of board, lodging and other services unless (and to the extent) such deductions are permitted by applicable Federal or state law, and the deductions are made on the same basis and collected from non-working patients as well.

For more information, please see Fact Sheet No. 16, Deduction from Wages for Uniforms and Other Facilities under the FLSA, for general information about deductions.

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