Wage and Hour Division (WHD)
Section 64d03: Certificate Revocation and Denial of Renewal Applications
- A SMW certificate may be revoked, or an application to renew an existing certificate may be denied, for the reasons cited below (see Regulations 29 CFR Part 525.17). Should back wages be due workers paid SMWs under the provisions of the certificate, those back wages are due from the date of revocation.
- It is found that false statements were made or facts were misrepresented in obtaining the certificate or in permitting a worker with a disability to be employed under a certificate. If this is the case, the certificate may be revoked retroactively to the date of issuance.
- It is found that any of the provisions of the FLSA or the terms of the certificate have been violated. In this case, the certificate may be revoked as of the date of the violation (see Regulations 29 CFR Part 525.17(a)(2)).
- It is found that the certificate is no longer needed to prevent the curtailment of employment opportunities for workers with disabilities. In this case, the certificate may be revoked as of the date of the revocation notice.
- Only the WH Administrator or the RA for the Midwest Region may revoke a certificate or deny the issuance of a renewal certificate. The process to revoke a certificate to pay SMWs may not begin without the concurrence of the Director/Deputy Director of the NO's Office of Enforcement Policy and must follow the procedures for revoking a certificate found in Regulations 29 CFR Part 525.17(b) and 525.18.
- The procedures for the denial of renewal applications may be found in Regulations 29 CFR Part 525.13. The denial of a renewal application may be initiated by a member of the Certification Team or a Regional Section 14 Team Leader. The Certification Team must obtain the input of the appropriate Regional Section 14 Team Leader(s) and the concurrence of the RA for the Midwest Region before an employer is formally advised that his or her request for renewal has been denied.