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A business establishment(not a work center or a hospital/residential
care facility) that chooses to employ workers with disabilities at special
minimum wages (SMWs) must also obtain a certificate from the U.S. Department of
Labor Wage and Hour Division. Such certificates are obtained by submitting an
application (WH-226) and the required
supplemental sheet (WH-226A).
If the employer has multiple establishments, a certificate must be
obtained for each establishment in which workers with disabilities will be
employed at SMWs. However, if an individual with a disability is placed at a
business by a work center, is supervised by work center staff, and is carried
on the work center’s payroll, the business establishment need not obtain a
certificate. The authorization to pay a SMW to the worker will stem from the
certificate held by the work center. Such placements are sometimes called
“supported employment” or “enclave” worksites.
Business establishment certificates remain in effect for only one year.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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