subminimumwages@usccr.gov – We support Section 14(c) accommodations

Section 14(c) of the Fair Labor Standards Act (FLSA) is an ACCOMMODATION  – an accommodation for those with the most significant intellectual and developmental disabilities.  Section 14(c) is an accommodation that can be used by the employees choice in order to gain skills and maintain employment.

The purpose of Section 14(c) is to prevent curtailment of employment opportunities for those who may be unable to work in other settings.  Employment under Section 14(c) is not the first choice offered to people but it needs to be one of the alternative routes to training and employment for those who may need more time or hands-on support to learn a skill.

We all have a right to work  – many of us may need some sort of accommodation, if even temporary, at some time in our life, in order to maintain employment.  Why should those with significant disabilities not have that right too with Section 14(c) accommodation?

One of the major problems that has been agreed upon is that there has not been enough information for people to know what is even going on – who is working, where they are working, what they are doing or what they are earning.  Without this information, including that for those working in integrated employment settings,  how can we evaluate what has already occurred?  We need time to assess what has happened in areas that have eliminated choices and discover if those affected are satisfied with the changes.

Have these people been able to have equal opportunity, full participation, independent living, and economic self-sufficiency as they may have been promised by those who took their choices away?

The Wage and Hour Division  (WHD) of the Department of Labor (DOL) has recently taken steps to modernize its oversight and enforcement of the 14(c) program.  The process is now electronic and there is great opportunity to collect, aggregate, and analyze information which was not possible when paper applications were being used. WHD has already produced improvements with recent investigations and back wages being repaid to the employees.

We say “take a step back” and take time to gather information and evaluate.   We need to allow the improved oversight with investigational teams time to weed out the abusers of a system before we eliminate another accommodation and impose more restrictions for this population.

 

email subminimumwages@usccr.gov, with “I Support 14c” in the subject line. The e-mail may also be copied to federal legislators at www.usa.gov/elected-officials,

United States Commission on Civil Rights

USCCR Briefing Agenda – December 15, 2019

 

What is all this about sub-minimum wage?

Is it a “loop hole” or an accommodation?  It depends on how you use it and who you use it for and if you are following the regulations as intended.

Don’t fall for the argument that this is a loop hole – or at least if you do, stop exploitation of those who abuse the system rather than using it to promote employment and community engagement.

White Picket Fence

Section 14 (c) of the Fair Labor Standards Act (FLSA) was not intended to be a “loop-hole” to exploit anyone.  It was also not written to apply to whole populations of people with any type of disability.  The fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage.

The Special Minimum Wage Provision Section 14c of the FLSA is a vital tool that allows individuals with significant disabilities to work in an environment where they are compensated commensurate with their productivity, have friendships, support and purposeful activity – this can be in any work setting that they choose.  Often, it is in community settings which also enables the employee to build natural supports.

Everyone has a right to work. Support this right for our most vulnerable citizens!

Take a look at this fence – yes, there is a problem – what is the best way to fix it?  Tear the whole fence down or fix that one board?  My vote would be to fix the board and keep the fence.  The same with Section 14 (c) – fix the problem but keep the regulation.

As with many laws and regulations set up to protect people and provide choices and alternatives, there are always those who will exploit and abuse.  This does not mean that the system was bad or caused the exploitation but that those who abuse and exploited were doing evil actions.  Those are the ones that should be held accountable for their wrong-doing – not those who are in need of choice, alternatives and protections.

We should not punish our vulnerable citizens because there are others who will exploit them.  Without certain protections in place our vulnerable citizens will be at risk of much more danger.  What we need to do is call out the evil-doers and hold them accountable for their actions.

Department of Labor fact sheet.