To People with Disabilities

The Fair Labor Standards Act Sec. 14 (c) enacted in 1938 during the Franklin D. Roosevelt Administration, provides for employers to apply for an Employer Certificate from the Wage and Hour Division of the US Dept. of Labor to pay some individuals with disabilities subminimum wages.  Although the American public may not be aware of FLSA 14 (c), the economic self-sufficiency of individuals with disabilities who receive subminimum wages (sometimes as little as .50 cents to $2.00 an hour) is impacted.  National organizations and leaders within the disability community including NOND advocate for FLSA Sec. 14 (c) to be removed.

One of the issues with FLSA 14 (c) is that employers use comparison data to determine subminimum wage.  Time comparison is made for a task that a non-disabled person performs compared to the same task on how long it takes the person with a disability to accomplish. Often, no ADA reasonable accommodations are provided for the person with a disability that could enhance their job performance on this task.  Not all, but most people who receive subminimum wages are working in sheltered workshops where they are segregated and are not located in competitive integrated work settings with non-disabled workers. Data suggests there may also be a strong correlation between being paid subminimum wage and working very low hours.  Given that the Americans with Disabilities Act established economic self-sufficiency for all Americans with disabilities as a civil right and an appropriate goal for our nation, the National Organization of Nurses with Disabilities believes that FLSA Sec. 14 (c) is a 20th Century archaic law that must be eliminated.