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DOL Hosting Online Comment Period on Section 14(c) of the FLSA

The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) is currently hosting a national online dialogue and gathering perspectives on Section 14(c) of the Fair Labor Standards Act (FLSA).

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The goal of this dialogue, which is open until June 21, is to capture trends, experiences with transition, and visions for the future from those “on the ground,” according to ODEP. The information submitted by the comments will be summarized to provide an overview of Section 14(c) at the state and national levels to ODEP.

Since 1938, section 14(c) of the FLSA has authorized employers that receive a certificate from the Wage and Hour Division to pay wages that are less than the federal minimum wage to workers who have disabilities for the work being performed. There have been numerous employment rights changes for individuals with disabilities since 1938, including The Americans with Disabilities Act in 1990.  

ODEP is gathering comments to potentially make a change to Section 14(c) amid reports and concerns that it’s being abused by some employers.

Per ODEP, if you are unable to participate in the Section 14(c) national online dialogue via the online platform, but would like to share ideas and comments, perspectives or experiences around Section 14(c), you can contact the Office of Disability Employment Policy at 202-693-7880 or ePolicyWorks@dol.gov for further assistance.

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