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

Employer Attestations When Applying for a Certificate to Pay
Special Minimum Wages Under FLSA Section 14(c)

The regulations 29 CFR Part 525 require that every applicant seeking authorization to pay workers with disabilities special minimum wages (SMWs) under FLSA Section 14(c) attest that:

  • The employer has read the application form and to the best of his or her knowledge and belief, all answers and information given in the application and attachments are true;
  • The representations set forth in support of the application to obtain or continue the authorization to pay workers with disabilities at subminimum wage rates are true;
  • The authorization to pay SMWs, if issued or continued, is subject to revocation in accordance with the provisions of 29 CFR 525;
  • Workers employed (or who will be employed) under the authority in 29 CFR 525 have disabilities for the work to be performed;
  • Wage rates paid (or which will be paid) to workers with disabilities under the authority in 29 CFR 525 are commensurate with those paid experienced workers, who do not have disabilities that impair their performance, in industry in the vicinity for essentially the same type, quality and quantity of work;
  • The operations are (or will be) in compliance with the FLSA, the Walsh-Healey Public Contracts Act (PCA), the McNamara-O’Hara Service Contract Act (SCA) and the Contract Work Hours and Safety Standards Act (CWHSSA), an overtime statute for Federal contract work;
  • No deductions will be made from the commensurate wages earned by a patient worker to cover the cost of room, board or other services provided by the facility;
  • Records required under 29 CFR 525 with respect to documentation of disability, productivity, time studies or work measurements, and prevailing wage surveys will be maintained;
  • The wage rates of all hourly rated employees paid in accordance with FLSA Section 14(c) will be reviewed at least every six months; and
  • Wages paid to all employees under FLSA Section 14(c) will be adjusted at periodic intervals, at least once a year, to reflect changes in the prevailing wage paid to experienced workers employed in the vicinity for essentially the same type of work.

The application must be signed by an individual who has the authority to make the above attestations on behalf of the business.

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