New Rules Aim to Lift Minimum Wage for Workers with Disabilities
Proposed changes to a decades-old law could bring significant change for workers with disabilities, ending a system that has allowed some employers to pay them well below the minimum wage. The U.S. Department of Labor has unveiled a proposal to phase out the subminimum wage, potentially phasing out a practice that has drawn criticism as exploitative and outdated.
Ending Wage Inequality
The proposed rule, announced in early June, targets Section 14(c) of the Fair Labor Standards Act, which currently allows employers to pay disabled workers less than the federal minimum wage if they obtain a special certificate from the Department of Labor.
“These certificates,” the Department stated, “permit employers to pay workers with disabilities less than the federal minimum wage if their disability impairs their productivity. ”
The Department’s announcement acknowledges that the current system raises serious concerns. “For over 80 years, Section 14(c) certificates have allowed employers to pay individuals with disabilities subminimum wages, a practice that perpetuates inequality and diability-based discrimination,” the department stated in its announcement.
A Path Toward Equitable Employment
The proposed rule details a gradual phase-out of the subminimum wage, offering support to both employers and employees during the transition. The Department intends to “establish new opportunities for individuals with disabilities.” This may include access to vocational rehabilitation services, work-based learning experiences, and job training opportunities, all aimed at empowering individuals with disabilities to succeed in competitive integrated employment.
“Under this proposed rule, employers would no longer be able to pay workers with disabilities less than the minimum wage,” the Department stated, emphasizing its commitment to fostering a more equitable and inclusive workforce.
“There are many ways to cooperate with businesses and others during the transition. And what we want to make very clear is that we want this transition to be successful. We want workers with disabilities to succeed in integrated employment,” Sarah R. Austen, deputy assistant secretary for disability employment policy at the Department of Labor, assured.
Reactions to the Proposed Change
“The elimination of the subminimum wage would be a victory for economic justice,” commended Katie Nash, a senior attorney with the National Disability Rights Network. “Ending this arcane practice is long overdue. It’s time to ensure that people with disabilities have the same economic opportunities as everyone else.”
“This is a stunning win for worker justice and for all working people,” enthusiastically proclaimed Alicia Couture, executive director of the National Disability Rights Network.
What are some potential challenges in implementing the proposed changes to Section 14(c)?
## Interview: Phasing Out the Subminimum Wage for Workers with Disabilities
**Host:** Welcome back to the show. Today we’re discussing proposed changes to a long-standing law that could dramatically impact the lives of workers with disabilities. Joining us is [Guest Name], an advocate for disability rights and employment equity.
**Guest:** Thanks for having me.
**Host:** Let’s dive right in. The Department of Labor recently announced a proposal to phase out Section 14(c) of the Fair Labor Standards Act. Can you explain what this section allows and why it’s facing scrutiny?
**Guest:** Sure. Section 14(c) has been around for over 80 years [[1](https://blog.dol.gov/2024/12/03/phasing-out-pay-inequity-for-workers-with-disabilities)]. It allows employers to obtain a special certificate from the Department of Labor that lets them pay workers with disabilities less than the federal minimum wage. The rationale behind it was that individuals with disabilities might have lower productivity, justifying a lower wage.
**Host:** But this practice has faced growing criticism. Why is that?
**Guest:** Absolutely. For decades, advocates have argued that this system is inherently discriminatory and perpetuates inequality. Paying someone less simply because of their disability reinforces outdated stereotypes and denies them the economic opportunity to live a truly independent life [[1](https://blog.dol.gov/2024/12/03/phasing-out-pay-inequity-for-workers-with-disabilities)].
**Host:** The Department of Labor seems to agree. Their announcement acknowledges the harm caused by Section 14(c). What are the proposed changes, and what impact could they have?
**Guest:** The proposal outlines a phased approach to eliminate the subminimum wage entirely. This would mean that all workers, regardless of disability, would be entitled to the full federal minimum wage. This has the potential to be truly transformative for countless individuals, allowing them to earn a fair wage, support themselves, and participate more fully in society.
**Host:** What are some of the challenges in implementing these changes?
**Guest:** One challenge is ensuring that employers are adequately prepared to support workers with disabilities at the minimum wage. This might involve providing additional training, job coaching, or other supports. It’s crucial to invest in these resources so that the transition is successful for both workers and employers.
**Host:** This is a significant step towards greater economic justice for people with disabilities. [Guest Name], thank you so much for sharing your insights with us today.
**Guest:** It was my pleasure.
