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

Investigation Procedures Under FLSA Section 14(c)

In addition to the general investigation procedures described in the FLSA Advisor, in FLSA Section 14(c) employment situations, the Wage and Hour Division investigator will also verify that the wages paid the workers with disabilities were truly commensurate.

Before a Wage and Hour Division investigation begins, the investigator will send an appointment letter to the employer that outlines the investigation procedures, sets a time and date to meet and lists the materials he or she will need to review. This should allow the employer ample time to gather such records and make them available for inspection.

Because of the complex nature of employment situations operating under FLSA Section 14(c), there are several unique aspects to an investigation under FLSA Section 14(c). For example, a Wage and Hour Division investigator will:

  • Examine employer records to document that the workers have disabilities that impair their productive capabilities as required by FLSA Section 14(c).

  • Review, for accuracy and timeliness, employer documentation regarding the establishment of prevailing wages. Investigators may possibly recreate the survey by contacting some or all of the employers who were listed as providing information for the survey.

  • Review the time measurements the employer conducted to establish the standard for each job that workers with disabilities are paid special minimum wages. Investigators will normally oversee the conducting of a sample of confirming time studies.

  • Review the productivity ratings of the workers with disabilities to assure they were conducted properly and in a timely manner, and that employee wages were adjusted accordingly by the end of the next pay period.

When the investigation has been concluded, the employer will receive a letter of findings that summarizes the investigation findings.

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