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Wage and Hour Division (WHD)

Revised Certificate Application Forms for Section 14(c) of the Fair Labor Standards Act

FR Notice Form

On January 17, 2017, the Department posted revised forms WH-226 and WH-226A, the application for authority to employ workers with disabilities at subminimum wages. These revised forms are effective immediately and should be used by employers wishing to apply for or renew a section 14(c) certificate.

The Office of Management and Budget (OMB) has reviewed and approved the revised forms under control number 1235-0001. The new forms are valid through December 31, 2019.

The prior versions of the WH-226 and WH-226A are no longer available from the Department and cannot be accepted after their expiration on May 31, 2017.

The WH-226 and WH-226A can be downloaded free of charge from the Department’s website.

New Forms – What Changed?

The most significant changes to the WH-226 include:

  • Adding a question about whether the employer currently has or expects to enter into a contract with the Federal Government that is covered by Executive Order 13658.
  • Removing the question relating to the primary disability group employed by the applicant.
  • Reducing the number of prevailing wage surveys and time studies collected.
  • Adding a question to identify and request information that is relevant to the requirements for section 14(c) employers under the Workforce Innovation and Opportunity Act (WIOA).

The most significant changes to the WH-226 include:

  • Collecting additional information about each specific worker with a disability who was paid a subminimum wage rate during the employer’s most recently completed fiscal quarter.
  • The Department also updated and expanded the instructions for completing both the WH-226 and WH-226A.

Additional Information