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Unless employed in compliance with the
Statement of Principles discussed
elsewhere in this Advisor, youths with disabilities are subject to the
provisions of the FLSA whenever they perform covered work.
When a student with a disability is placed in competitive employment and
is supervised by a “job coach” supplied by the school, the worker is
jointly employed by the school and by the establishment where he or she is
placed. The two are considered joint employers even if the amount of
supervision provided by the school’s “job coach” is as little as
two hours per pay period and the establishment takes responsibility for paying
the student. Because schools are named enterprises under the FLSA, enterprise
coverage always applies.
SWEP participants may receive a special minimum wage, one that is less
than the applicable Federal minimum wage, if the school or the employer has
applied for and received an authorizing certificate from the U.S. Department of
Labor Wage and Hour Division. All applicable State and Federal child labor
provisions apply to participants in SWEPs.
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FLSA Section 14(c) Advisor |
Wage and Hour Division
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