On December 3, 2024, the U.S. Department of Labor announced a notice of proposed rulemaking (NPRM), Employment of Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act that would phase out certificates allowing employers to pay workers with disabilities at wage rates below the federal minimum wage. The Department invites public comments on this NPRM at https://www.federalregister.gov/public-inspection/2024-27880/employment-of-workers-with-disabilities-under-section-14c-of-the-fair-labor-standards-act. The NPRM’s comment period closes at 11:59 p.m. ET on January 17, 2025.
This website provides access to information about the Fair Labor Standards Act (FLSA) section 14(c) employment and provides links to additional resources that workers with disabilities and/or their family members, employers, and advocates may find useful.
Introduction
The longstanding mission of the Wage and Hour Division (WHD) is to promote and achieve compliance with labor standards that protect and enhance the welfare of workers in the United States. This important mission serves to protect all workers in the United States, including workers with disabilities to the fullest extent of the law. Section 14(c) authorizes employers, after receiving a certificate from WHD, to pay wages that are less than the Federal minimum wage to workers who have disabilities for the work being performed. Through certificate processing, enforcement, and education and outreach, WHD helps ensure workers receive the wages they are due and receive career counseling and referral information required under section 511 of the Rehabilitation Act.
Other Federal Laws Impacting Employment of Workers with Disabilities
Executive Orders 13658 and 14026 establish minimum wages that generally must be paid to workers performing on or in connection with a covered contract with the Federal Government. Workers with disabilities whose employer has been issued a certificate under section 14(c) of the FLSA are covered by these Executive Orders and must be paid the full Executive Order minimum wage. For more information, see WHD’s Fact Sheet #39J – Minimum Wages for Workers with Disabilities under Executive Orders 13658 and 14026 | U.S. Department of Labor (dol.gov)
Required wage rates under these Executive Orders are updated each year, effective January 1st. Current rates and information can be found on WHD’s Government Contracts websites:
- Final Rule: Increasing the Minimum Wage for Federal Contractors (Executive Order 14026)
- Executive Order 13658, Establishing a Minimum Wage for Contractors: Annual Update
Section 511 of the Rehabilitation Act of 1973, as added by the Workforce Innovation and Opportunity Act (WIOA), increases individuals with disabilities’ access to workforce services to prepare them for competitive integrated employment. WIOA also requires better employer engagement and promotes physical and programmatic accessibility to employment and training services for individuals with disabilities.
Materials for Employers with Section
14(c) Certificates
Materials for Workers Paid Subminimum Wage under Section
14(c), Their Families, and Guardians