Instructions for Forms WH-226 & WH-226A: Application for Authority to Employ Workers with Disabilities at Subminimum Wages & Supplemental Data Sheet The Payment of Special Minimum Wages to Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act
Section 14(c) of the Fair Labor Standards Act (FLSA) authorizes the payment of subminimum wages to workers with disabilities whose productivity is impaired by their disabilities after the employer has applied for and received an authorizing certificate from the U.S. Department of Labor. Employers apply for subminimum wage certificates using form WH-226 and supplemental form WH-226A.
For more detailed information about section 14(c), you may wish to visit our website at: http://www.dol.gov/agencies/whd/workers-with-disabilities.
Application for Authority to Employ Workers with Disabilities at Subminimum Wages. This application must be submitted by employers of workers with disabilities – such as Community Rehabilitation Programs, Hospitals, Schools operating work experience programs, and private businesses – who wish to obtain authority to pay subminimum wages under FLSA section 14(c). An employer should submit a single WH-226. The instructions for completing the WH-226 are included with the form.
Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Subminimum Wages. In addition to the WH-226, a separate WH-226A must be submitted for each site where workers with disabilities are (or will be) employed at subminimum wages. The directions for completing the WH-226A are included with the form.
Completed applications should be forwarded to:
U. S. Department of Labor
Wage and Hour Division
230 South Dearborn Street, Room 530
Chicago, Illinois 60604
What if I have questions as I complete the application?
For questions not addressed in the instruction pages included with the WH-226 and WH-226A, Certification Team specialists can provide you with information about the application requirements and the status of your application or certificate. Please contact the appropriate specialist for your state.
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District of Columbia
New Mexico Pennsylvania
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