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Wage and Hour Division Wage Specialists review each application for
completeness, accuracy and compliance with the provisions of the Fair Labor
Standards Act (FLSA), including Section 14(c) and other statues administered by
the Wage and Hour Division, including the Walsh-Healey Public Contracts Act (PCA)
and the McNamara-O'Hara Service Contract Act (SCA) where
applicable.
Once these criteria have been met, the certificate will be issued and
mailed to the applicant. In an effort to expedite issuance of the certificate,
the reviewing Wage Specialist frequently will contact an applicant by telephone
for clarification or to request required supporting documentation. All
submitted materials are reviewed to ensure each applicant understands the
requirements of FLSA Section 14(c) and has achieved and maintained compliance
with the provisions of the FLSA. Occasionally, based on the information
provided on the application, the Wage Specialists will identify violations and
supervise the payment of back wages due workers with disabilities.
It is important to remember that the Wage and Hour Division Wage
Specialists only review the application and the supporting documentation
submitted with the application. Issuance of a certificate is not a statement by
the Wage and Hour Division that the employer is in compliance with the
provisions of the applicable Acts and does not provide the employer with a good
faith defense should violations later be found.
To expedite the certification process, employers should:
- Designate an individual within their organization who understands
both the certification and compliance principles of FLSA Section 14(c) to
oversee the completion and submission of the application.
- Submit a complete, accurate and timely application that includes all
the required supporting documentation.
- Communicate with the Wage and Hour Division FLSA Section 14(c) Certification Team as needed before,
during and after the submission of the application.
- Communicate with their local Wage and Hour Division
Office concerning interpretations of the regulations and enforcement
(non-certification) issues.
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FLSA Section 14(c) Advisor |
Wage and Hour Division
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