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

Certification Under FLSA Section 14(c)

Only employers who are certified—those who have applied for and received a certificate from the U.S. Department of Labor Wage and Hour Division—may choose to pay special minimum wages (SMWs) to workers with disabilities that diminish the productivity of their work. For general information about the FLSA Section 14(c) certification process, please read Fact Sheet 39A, How to Obtain a Certificate Authorizing the Payment of Special Minimum Wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA).

Certificates are issued under FLSA Section 14(c) to prevent the curtailment of employment opportunities for workers with disabilities. When issued, the same certificate will authorize the employer to pay special minimum wages to workers with disabilities that impair their performance on work subject to the FLSA, the McNamara-O’Hara Service Contract Act (SCA), the Walsh-Healy Public Contracts Act (PCA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

It is important to note that the granting of a certificate is not a statement of compliance by the Wage and Hour Division. Possession of a certificate does not convey a good faith defense should violations of the law occur.

In this section, you can learn about the various types of certificates, review the application process and access the materials needed to apply for a certificate. Select the issue about which you want more information:

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