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

Revocation of Certificates Under FLSA Section 14(c)

A certificate authorizing the payment of special minimum wages to workers with disabilities may be revoked by the Administrator of the Wage and Hour Division for the following reasons:

1. It is found that false statements were made or facts were misrepresented in obtaining the certificate. If this is the case, the certificate may be revoked back to the date of issuance.

2. It is found that the certificate holder violated any of the provisions of the FLSA, the McNamara-O’Hara Service Contract Act (SCA) or the terms of the certificate. If this is the case, the certificate may be revoked back to the date the violations began.

3. It is determined that the certificate is no longer necessary to prevent the curtailment of employment opportunities for workers with disabilities. If this is the case, the certificate will be revoked as of the date of the employer revocation notice.

Any person aggrieved by any action of the Administrator of the Wage and Hour Division having to do with the issuance of certificates under FLSA Section 14(c) may file a petition for review with the Administrator within 60 days of the action. If granted, such review shall be made by the Administrator. Other interested parties, to the extent it is deemed appropriate, may be afforded an opportunity to present data and views.

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