Federal Civil Rights Commission Urges End to Subminimum Wage

September 28, 2020

Currently Employers Can Pay Workers with Disabilities Less The Federal Minimum Wage

Since 1938, a provision in Section 14 (c) of the Fair Labor Standards permitted employers to obtain certificates from the Department of Labor which allowed paying individuals with disabilities less than the federal minimum wage ($7.25 per hour). Cities and states across the nation who are uncomfortable with this provision have imposed restrictions to stop this practice. Furthermore, the national platforms of both the Democrat and Republican parties are in favor of ceasing this policy. Now the civil rights commission, a bi-partisan agency created by Congress, also wants to end this practice which affects over 100,000 people with disabilities. Federal data gathered between 2017-2018 showed that employers using 14 (c) certificates were paying their workers with disabilities on average only $3.34 per hour, less than half the federal minimum wage. The commission is recommending that Section 14 (c) be revoked by Congress so that workers with disabilities can transition into integrated employment, an idea that is more compliant with Americans with Disabilities Act.

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