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Wage and Hour Division
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Wage and Hour Division (WHD)

Employment of Workers with Disabilities

Overview

Section 14(c) of the Fair Labor Standards Act authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay Subminimum wages - wages less than the Federal minimum wage - to workers who have disabilities for the work being performed.

Key News

  • On August 6, 2015, WHD published in the Federal Register a Proposed Revision of the Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act to revise the forms WH-226 & WH-226A: Application for Authority to Employ Workers with Disabilities at Subminimum Wages & Supplemental Data Sheet. More information is available here
  • Branch Chief Helen Applewhaite recently wrote a letter to current 14(c) certificate holders to provide information on new compliance assistance materials and outreach events, and reminded employers they remain responsible for compliance with all applicable labor laws. The letter announced the launch of WHD’s 14(c) online calculators, new online PowerPoint presentation that provides a general overview of section 14(c) and requirements for certificate holders (slide handouts were enclosed), and the continuance of WHD’s regional 14(c) seminars. The letter also highlighted new laws that may affect the 14(c) program including, the President’s Executive Order 13658 and the Workforce Innovation and Opportunities Act (WIOA), as well as the Department of Labor and Department of Education current notices of proposed rulemaking related to WIOA.
  • On February 19, 2015, WHD posted a new FLSA section 14(c) PowerPoint presentation. This presentation provides a comprehensive overview of section 14(c) and all requirements for certificate holders and can be used by certificate holders as a tool to train their employees who are responsible for administering the 14(c) program.
  • U.S. Secretary of Labor Thomas E. Perez recently announced 17 public members who will serve on the new Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. The committee is a key provision of the Workforce Innovation and Opportunity Act, the first major reform of the nation’s job training system in more than 15 years. The committee will advise the U.S. Secretary of Labor on ways to increase competitive integrated employment opportunities for individuals with significant disabilities. For more information, you may view the Secretary’s blog.
  • On February 12, 2014, President Obama signed Executive Order 13658, “Establishing a Minimum Wage for Contractors,” to raise the minimum wage to $10.10 for workers on Federal construction and service contracts beginning January 1, 2015. Workers covered by this Executive Order and due the full Executive Order minimum wage include workers with disabilities whose wages are calculated pursuant to certificates issued under section 14(c) of the Fair Labor Standards Act (FLSA). Please see the Executive Order Final Rule Website for more information on the Executive Order including Fact Sheet: Raising the Minimum Wage for Workers with Disabilities under Executive Order 13658 for specific information on the impact of the Executive Order on section 14(c).

WIOA Advisory Committee

Fact Sheets

  • Fact Sheet #39 (PDF) — The Employment of Workers with Disabilities at Subminimum wages
  • Fact Sheet #39A (PDF) — How to Obtain a Certificate Authorizing the Payment of Subminimum wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act
  • Fact Sheet #39B (PDF) — Prevailing Wages and Commensurate Wages under Section 14(c) of the Fair Labor Standards Act
  • Fact Sheet #39C (PDF) — Hours Worked and the Payment of Subminimum wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act
  • Fact Sheet #39D (PDF) — Incorporating Personal Time, Fatigue and Delay (PF&D) Allowances When Determining Piece Rates to be Paid Workers with Disabilities Receiving Subminimum wages under Section 14(c) of the Fair Labor Standards Act
  • Fact Sheet #39E (PDF) — Determining Hourly Commensurate Wages to be Paid Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act
  • Fact Sheet #39F (PDF) — The Payment of Subminimum wages to Workers with Disabilities Who Are Employed on Federal Service Contracts Subject to the McNamara-O'Hara Service Contract Act

Free Seminars

E-Tools

Presentations

Posters

Forms

Certificate Holders

Interpretive Guidance

  • Field Operations Handbook
    • Chapter 64 — Employment of Workers with Disabilities at Subminimum wages under Section 14(c)

Applicable Laws and Regulations