The U.S. Department of Labor announced a proposed rule to phase out subminimum wage certificates under Section 14(c) of the Fair Labor Standards Act, representing a critical step toward ensuring equity and dignity in the workplace for individuals with developmental disabilities. And now, it’s your turn to provide feedback.
Here’s what you need to know:
The proposed rule, “Employment of Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act,” introduces significant changes:
- Stopping New 14(c) Certificates: Once the rule is finalized, the Department will no longer issue new 14(c) certificates. This means no additional employers can pay workers with disabilities less than the minimum wage.
- Phasing Out Existing Certificates: Employers holding current 14(c) certificates would be allowed to renew them for up to three years after the rule’s finalization. After this period, no further renewals would be permitted, effectively ending the practice of paying subminimum wages under these certificates.
- Considering Extensions in Specific Cases: The Department is seeking public input on whether extensions should be granted to certain employers beyond the three-year phase-out period, though this aspect is under consideration and not yet finalized.
What You Can Do!
NACDD is calling self advocates, family members, and community advocates to submit a public comment by January 17th to share why we need to stop the practice of issuing new 14(c) certificates to employers, and phase out the use of existing 14(c) certificate holders over three years upon the finalization of the rule.
Submitting a Public Comment
Asking yourself the following four questions might help you be ready to write your comment. When you feel ready, click the orange button below and start your comment!
- Is it fair to pay someone less money because they have a disability?
- Do you have a personal story to share about working in a sheltered workshop?
- If you worked in a sheltered workshop, and now are working in the community, how has it impacted your life?
- Should sheltered workshops exist?
Ready to submit your thoughts? Submit your public comment here: https://bit.ly/Submit14cPublicComment
Your voice needs to heard. DOL is accepting public comments by 11:59pm CST on this proposed rule. The more voice that are heard in favor of the proposed rule, the more urgency will be met to finalize the rule.
