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Employment of Workers with Disabilities: Section 14(c) of the Fair Labor Standards Act authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay special minimum wages wages less than the Federal minimum wage to workers who have disabilities for the work being performed.
What: On December 4, 2024, the Department of Labor (DOL) proposed a rule that would eliminate a program that allows employers to pay workers with disabilities below the federal minimum wage under 14(c) of the Fair Labor Standards Act (FLSA). DOL is authorized under the FLSA to issue 14(c) certificates.
Section 14(c) of the FLSA authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages - wages less than the Federal minimum wage - to workers who have disabilities for the work being performed.
Under the proposed rule, the DOL will no longer issue new section 14(c) certificates on or after the effective date of the final rule. Employees subject to the FLSA would then be entitled to the federal minimum wage ($7.25 per hour) despite any impact their disability may have on productivity.
Section 14(c) of the law allowed business owners to legally pay certain classified workers with disabilities less than the federal standard minimum wageknown as subminimum wage employment. You may submit comments, identified by Regulatory Information Number (RIN) 1235-AA14, electronically or by mail.

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The rule proposes to gradually eliminate certificates employers can apply for under Section 14(c) of Fair Labor Standards Act that allow them to pay certain workers with disabilities subminimum wages.
Since its enactment in 1938 through today, section 14(c) of the FLSA has included a provision authorizing the Department of Labor (Department) to issue certificates permitting employers to pay workers with disabilities at wage rates below the Federal minimum wage.

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