Please see important message from Sara Newell-Perez, AIDD Program Specialist

The Wage and Hour Division today issued the Administrator’s Interpretation (AI) explaining the effect of state laws prohibiting the payment of subminimum wages to workers with disabilities on the enforcement of section 14(c) of the FLSA. I am sharing our email alert, which was sent to our subscribers for your dissemination. The email below links to the AI.

We appreciate your offer to share this information with your networks. Please don’t hesitate to reach out to me directly if you have or receive any questions or if I can be of more assistance.

Helen

Helen M. Applewhaite

Branch Chief

FMLA-Sec. 14c & Other Labor Standards

U.S. Department of Labor

Wage and Hour Division

200 Constitution Ave NW

Washington, DC 20210

(202) 693-0640

[www.dol.gov/whd]

Today the U.S. Department of Labor’s Wage and Hour Division issued Administrator’s Interpretation 2016-2: Effect of state laws prohibiting the payment of subminimum wages to workers with disabilities on the enforcement of section 14(c) of the Fair Labor Standards Act.

The Administrator’s Interpretation (AI) clarifies the effect of state laws prohibiting the payment of subminimum wages to workers with disabilities on the enforcement of section 14(c) of the FLSA. It states that the FLSA does not preempt a state law that limits or prohibits the payment of wages lower than the state’s minimum wage and that section 14(c) certificate holders must comply with both federal and state laws. The AI notes that the Wage and Hour Division reviews 14(c) certificate applications on a case-by-case basis. The AI identifies that in states that limit or prohibit payment of subminimum wages, there may be circumstances in which a 14(c) certificate holder may pay commensurate wage rates to workers with disabilities under the certificate and comply with state law (e.g., if the certificate holder has a contract with the Federal Government that is covered by the Service Contract Act).

Administrator’s Interpretation 2016-2 is available on the Wage and Hour Division website at: http://www.dol.gov/whd/opinion/AdminIntrprtn/FLSA/2016/FLSAAI2016_2.htm

Sheryl Matney, Director

ITACC

itacchelp.org

202-506-5813 ext. 148

334-268-0245

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