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

Expiration of Certificates Under FLSA Section 14(c)

Certificates are issued with both an effective date and an expiration date. The certificate, along with the employer’s authorization to pay special minimum wages, expires on the indicated date unless the employer properly files an application for renewal with the Wage and Hour Division before the expiration date.

If an application for renewal has been properly and timely filed with the Wage and Hour Division Section 14(c) Certification Team in Chicago, Illinois, an existing special minimum wage certificate remains in effect until the application for renewal has been granted or denied. An application is "properly" filed if it contains the required employer information and supporting documentation. An application is "timely" filed if it bears a postmark date that is earlier than the certificate expiration date.

When a certificate to pay special minimum wages expires and no application for renewal has been properly and timely filed, an employer is then required to pay all workers covered by the FLSA at least the full minimum (or where applicable, the full McNamara-O’Hara Service Contract Act (SCA) prevailing wage) for all work performed after the certificate expiration date.

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