Wage and Hour Division (WHD)
- 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.
- On November 17, 2016, the U.S. Department of Labor's Wage and Hour Division issued Administrator's Interpretation 2016-2: Effect of state laws prohibiting the payment of subminimum wages to workers with disabilities on the enforcement of section 14(c) of the Fair Labor Standards Act.
- On September 9, 2016, the Department submitted an information collection request to the Office of Management and Budget (OMB) for review and approval of proposed changes to Forms WH-226 and WH-226A. More information is available here.
- On July 27, 2016, Wage and Hour Administrator Dr. David Weil issued Field Assistance Bulletin No. 2016-2 and released Fact Sheet #39H regarding implementation of the Workforce Innovation and Opportunity Act (WIOA) and Wage and Hour Division enforcement of WIOA limitations on payment of subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA), effective July 22, 2016.
- On July 27, 2016, Branch Chief Helen Applewhaite wrote a letter to current section 14(c) certificate holders about the new limitations on payment of subminimum wages mandated by the Workforce Innovation and Opportunity Act (WIOA), effective July 22, 2016. Under WIOA, employers may not continue to pay a subminimum wage to persons with disabilities under section 14(c) of the Fair Labor Standards Act unless each worker, regardless of their age, has been provided with career counseling and information about self-advocacy, self-determination and peer mentoring training opportunities in their local area at specified intervals. WIOA also prevents employers from hiring workers who are age 24 or younger unless the employer obtains, verifies, and maintains documents proving that these workers have completed specific requirements (transition services, vocational rehabilitation and career counseling) designed to improve their access to competitive integrated employment.
- On March 21, 2016, Branch Chief Helen Applewhaite wrote a letter to current 14(c) certificate holders to outline WHD’s general process for considering revocation of a section 14(c) certificate. The letter provides the procedures and notices an employer may expect during the process.
- On December 16, 2015, Wage and Hour Administrator Dr. David Weil and Curt Decker, executive director of the National Disability Rights Network signed a Memorandum of Understanding that has established a formal information-sharing arrangement with the National Disability Rights Network to more effectively protect the rights of workers with disabilities. Read the Memorandum of Understanding (PDF) here or view the text of the Memorandum of Understanding here.
- The U.S. Department of Labor Wage and Hour Division (WHD) has published a new Workers’ Rights Card: Rights For Workers with Disabilities: Section 14(c) and Subminimum Wage Employment that explains employer requirements for paying subminimum wages to workers with disabilities under section 14(c) of the Fair Labor Standards Act.
- On August 21, 2015, Branch Chief Helen Applewhaite wrote a letter to current 14(c) certificate holders to notify them that the Wage and Hour Division has proposed to revise the section 14(c) certificate application forms, WH-226 (Application for Authority to Employ Workers With Disabilities at Special Minimum Wages) and WH-226A (Supplemental Data Sheet for Application for Authority to Employ Workers With Disabilities at Special Minimum Wages. More information about the proposed revision is available here.
- On August 6, 2015, WHD published in the Federal Register a Proposed Revision of the Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act to revise the forms WH-226 & WH-226A: Application for Authority to Employ Workers with Disabilities at Subminimum Wages & Supplemental Data Sheet. More information is available here.
- Branch Chief Helen Applewhaite recently wrote a letter to current 14(c) certificate holders to provide information on new compliance assistance materials and outreach events, and reminded employers they remain responsible for compliance with all applicable labor laws. The letter announced the launch of WHD’s 14(c) online calculators, new online PowerPoint presentation that provides a general overview of section 14(c) and requirements for certificate holders (slide handouts were enclosed), and the continuance of WHD’s regional 14(c) seminars. The letter also highlighted new laws that may affect the 14(c) program including, the President’s Executive Order 13658 and the Workforce Innovation and Opportunities Act (WIOA), as well as the Department of Labor and Department of Education current notices of proposed rulemaking related to WIOA.
- Last year U.S. Secretary of Labor Thomas E. Perez announced the public members who will serve on the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. The committee is a key provision of the Workforce Innovation and Opportunity Act, the first major reform of the nation’s job training system in more than 15 years. The committee will advise the U.S. Secretary of Labor on ways to increase competitive integrated employment opportunities for individuals with significant disabilities.