Notice of Proposed Rulemaking: Employment of Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) generally requires that employees be paid at least the Federal minimum wage, currently $7.25 per hour, for every hour worked and at least one and one-half times their regular rate of pay for each hour worked over 40 in a single workweek. 29 U.S.C. 206(a), 207(a). 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. The section 14(c) statutory provision, however, has always provided that such certificates may only be issued to the extent “necessary to prevent curtailment of opportunities for employment.” Employment opportunities for individuals with disabilities have vastly expanded in recent decades, in part due to significant legal and policy developments. Based on that evidence, the D epartment has preliminarily concluded that submini...