Revocation of Certificates

Certificates issued under FLSA Section 14(c) reflect both an effective date and an expiration date. Generally, the authority to pay special minimum wages to workers with disabilities remains in effect until the certificate expires, but the Wage and Hour Division may revoke a certificate for the reasons cited below.

• It is found that false statements were made or facts were misrepresented in obtaining the certificate or in permitting a worker with a disability to be employed under a certificate. If this is the case, the certificate may be revoked retroactively to the date of issuance.

• It is found that any of the provisions of the FLSA, the McNamara-O’Hara Service Contract Act (SCA), the Walsh-Healey Public Contracts Act (PCA) or the terms of the certificate have been violated. In this case, the certificate may be revoked as of the date of the violation.

• It is found that the certificate is no longer needed to prevent the curtailment of employment opportunities for workers with disabilities. In this case, the certificate may be revoked as of the date of the revocation notice.

An employer will be notified in writing if his or her certificate is revoked. The procedures for revoking a certificate are found in Regulations 29 CFR Part 525.17(b) and 525.18. Employers would be required to pay all workers, from the date of the revocation, at least the full FLSA minimum wage or, where applicable, the full SCA prevailing wage.

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