(June 2009) (PDF)
This fact sheet provides information concerning the national compliance baseline survey the Wage and Hour Division (WHD) will conduct among Community Rehabilitation Programs (CRPs) that employ workers with disabilities at subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA). For more general information about the section 14(c) program, please read Fact Sheet No. 39, The Employment of Workers with Disabilities at Subminimum Wages, or Regulations, 29 C.F.R. Part 525.
What is a national compliance baseline survey?
A national compliance baseline survey is a strategic, controlled WHD enforcement initiative involving a particular industry or type of employer in order to determine the overall level of compliance within that industry or among that type of employer. In addition, baseline surveys make available important information on the effectiveness of WHD interventions and provide an immediate positive impact on the compliance of the employers being surveyed. The survey process requires that full WHD investigations be conducted of a representative sample of employers. The sample is selected from the universe by an independent party using statistically valid sampling techniques. National compliance baseline surveys are one way WHD measures its accomplishments as required by the Government Performance Results Act.
Why conduct a national compliance survey of section 14(c) employers?
WHD is committed to the protection of workers with disabilities and expanding their employment opportunities. This survey will not only provide a “picture” of compliance within Community Rehabilitation Programs (CRP) but will also help WHD evaluate its previous enforcement efforts and design and deliver more effective compliance education programs. WHD has not conducted a survey of compliance within the CRP community since 2002.
Who will be surveyed?
The survey will focus on CRPs, employers who traditionally, in addition to employment, provide workers with disabilities such things as rehabilitation services, day treatment, and training. CRPs employ 95% of all workers who receive subminimum wages under section 14(c). To be included in the survey sample, a CRP must hold a valid section 14(c) certificate issued by WHD and employ workers with disabilities to perform work subject to the FLSA at subminimum wages.
How were CRPs selected for inclusion in the survey sample?
Scientific sampling techniques were used to generate a survey sample of CRPs from WHD’s Certificate Processing System database universe of approximately 3,300 firms that hold certificates under section 14(c). The size of the survey sample will be sufficient to produce nationally statistically valid results.
What will be surveyed?
WHD will conduct full investigations of the CRPs included in the sample. All investigations will follow WHD’s standard procedures, guidelines, and confidentiality requirements. The investigations will cover the employment of staff members as well as consumers. In most cases, investigations will involve the standard two-year period of investigation.
What is the survey timeline?
Investigations will begin in 2010 and are targeted for completion by the end of the summer. The findings will be tabulated and analyzed by an independent party. Upon completion of the survey, WHD will issue a fact sheet discussing the survey findings.
Where can I obtain additional information about section 14(c) and other provisions of the FLSA?
For more information about the provisions of section 14(c), review the other Fact Sheets in this series which address section 14(c) compliance issues located at http://www.dol.gov/agencies/whd/workerswithdisabilities/workers_with_disabilities
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
This fact sheet is intended as general information only and does not carry the force of legal opinion.
The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to correct errors brought to our attention.