WPBN: In an effort to level the playing field for all workers, especially those with developmental or other disabilities, the U.S. Department of Labor on Tuesday proposed a new regulation.
The proposed regulation would gradually stop granting certificates that permit firms to pay certain employees with disabilities less than the $7.25 per hour federal minimum wage.
“One of the guiding principles of the American workplace is that a hard day’s work deserves a fair day’s pay, and this proposal ensures that principle includes workers with disabilities,” Jessica Looman, the wage and hour administrator at the U.S. Department of Labor, stated.
According to the government, initial research indicates that paying sub-minimum wages is no longer a requirement for employment opportunities for individuals with specific disabilities.
“This proposal would help ensure that workers with disabilities have access to equal employment opportunities while reinforcing the fundamental belief that all workers deserve fair compensation for their contributions,” Taryn Williams, assistant secretary of Labor for disability employment policy stated.
In particular, the proposed policy change from the Labor Department is to stop granting new Section 14(c) certificates to business owners on an as-yet-unspecified date. Additionally, it would institute a three-year term to progressively stop paying employees with disabilities lower wages.
Acting Secretary of Labor Julie Su declared in September of last year that the Labor Department would review the Section 14 program publicly.
Employers can no longer apply for the certifications granted under Section 14 of the Fair Labor Standards Act, according to the government, which claimed it received “wide-ranging input” in the development of the move.
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In the decades since the Fair Labor Standards Act’s inclusion of Section 14(c), Su noted in a statement on Tuesday that “significant legal and policy developments have dramatically expanded employment opportunities and rights for individuals with disabilities.”
According to Su, the government anticipates that “many” workers who are currently paid less than the going rate due to the current system will move into full-paying positions, which will eventually “improve their economic wellbeing and strengthen inclusion for people with disabilities in the workforce.”
In 1938, Looman added, “opportunities and training have dramatically expanded to help people with disabilities obtain and maintain employment at or above the full federal minimum wage.” This was in response to the Fair Labor Standards Act.
To be considered in the rule-making process prior to its publication in the Federal Register, officials urge all interested parties to provide a comment by 11:59 p.m. EST on January 17, 2025.
