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

Refusal to Renew Certificates Under FLSA Section 14(c)

Approximately two months before a certificate authorizing the payment of special minimum wages (SMWs) under FLSA Section 14(c) is due to expire, the Wage and Hour Division notifies the employer that it is time to apply for a new certificate. However, the fact that an employer currently holds such a certificate and has filed a timely renewal application is not a guarantee that the certificate will be renewed.

Each renewal application is carefully reviewed by members of the Wage and Hour Division’s FLSA Section 14(c) Certification Team located in Chicago, Illinois. An application to renew an existing certificate may be denied, with the concurrence of the Wage and Hour Division National Office, 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.

  • It is found that any of the provisions of the FLSA or the terms of the certificate have been violated.

  • It is found that the certificate is no longer needed to prevent the curtailment of employment opportunities for workers with disabilities.

The procedures for the denial of renewal applications may be found in Regulations 29 CFR Part 525.13. The employer would be notified in writing if such a decision were made.

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