On April 8, 2021, the Departments of Labor and Education published joint Question and Answer guidance on the implementation of the provisions of section 511 of the Rehabilitation Act.
On August 31, 2020, the Department of Labor published a Notice in the Federal Register: Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2021.
- On February 15, 2019, WHD published three documents related to the payment of subminimum wages under section 14(c).
- The first is Field Assistance Bulletin (FAB) No. 2019-1 concerning the definition of subminimum wages under section 511 and WHD’s enforcement of the limitations on the payment of those wages under section 14(c).
- The second is a revised Fact Sheet #39H: The Workforce Innovation and Opportunity Act and Limitations on Payment of Subminimum Wages under Section 14(c) of the Fair Labor Standards Act. The revisions include information on the definition of subminimum wages and timing requirements under section 511, as well as two charts to provide visual summaries for determining when and to whom the specific section 511 requirements apply. The Fact Sheet also cross-references readers to the related regulations issued by the U.S. Department of Education.
- The third document is Fact Sheet #39I: Adjusting Commensurate Wage Rates under a Section 14(c) Certificate After a Change in the Minimum Wage, providing guidance to certificate holders on taking appropriate action to ensure prevailing wage rates are timely examined and adjusted, and the workers’ commensurate wage rates correspondingly adjusted, as needed, when there is an increase in the federal, state, or a locality’s minimum wage requirements.
The U.S. Department of Labor’s Wage and Hour Division (WHD) has launched a new online tool that allows employers to electronically submit their applications for certification to employ workers under section 14(c) of the Fair Labor Standards Act (FLSA). This new online application interactively guides users through the information needed to complete their applications, submits the application directly to DOL, and provides users with a PDF copy of their submission.
The online tool eliminates the need to submit paper applications and offers the added speed and security of online submission. Users who prefer to submit paper applications by mail may continue to do so.