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Wage and Hour Division

Wage and Hour Division (WHD)

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FOH Field Operations Handbook
arrowChapter 64 Employment of Workers with Disabilities at Special Minimum Wages under Section 14(c)
arrowSection 64b Coverage

Section 64b04: Walsh-Healey Public Contract Act (PCA) Coverage

  • Workers with disabilities and other employees of a work center engaged in work on a PCA contract are covered under this Act.
  • The SMW paid on a PCA contract is based on at least the minimum wage rate required by section 6(a)(1) of the FLSA. However, if there is FLSA coverage concurrent with PCA coverage, the prevailing wage on which the FLSA section 14(c) commensurate wage rate is based will most likely be higher than the rate required under PCA, depending on the prevailing wage survey results required by Regulations 29 CFR Part 525.10. When this is the case, the worker with a disability would be due the commensurate rate based on the higher of the two prevailing rates.
  • PCA overtime provisions would also apply to covered workers with disabilities who are receiving SMWs under section 14(c).
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