Hello everyone,

 

Since so many people are interested I decided to respond to the group and include the links to the bills.

 

Last session we supported legislation for a legislative study committee which passed, and the committee worked over the summer and recommended  the legislation that is pending. We ended up with two bills, one in each body. They are slightly different because they were drafted by different people in our legislative services office but the intent is the same.  They may not be very useful as models because they amend the existing NH statutes that authorize the payment of sub-minimum wage to people with disabilities.

 

Here is the House bill:

http://www.gencourt.state.nh.us/legislation/2015/HB0411.pdf

 

Here is the Senate bill:

http://www.gencourt.state.nh.us/legislation/2015/SB0047.pdf

 

To see how these bills fit into our existing statute, here is a link to our minimum wage statute, which these bills amend:

http://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-mrg.htm

 

The bills are supported by the NH Department of Labor and the Commissioner of Labor testified in support, along with some model employers and all the usual suspects within the disability community. We worked closely with Serena Lowe and others at ODEP.  The  US Department of Labor was asked a series of questions about how they would handle requests for 14(c) certificates pursuant to federal law, in the event the proposed state legislation was enacted and whether the Fair Labor Standards Act would limit or prevent a state from prohibiting the use of subminimum wages through state legislation. Dr. David Weil, Administrator of the Wage and Hour Division, responded in a 2 ½ page letter. I have attached the letter. He concudes:

 

“It is the Department’s view, therefore, that the FLSA and the section 14(c) regulations do not prevent a state from legislating to prohibit the payment of subminimum wages to workers with disabilities . . . In other words, section 14(c) establishes a subminimum wage floor, but state law may raise that floor, including by not exempting certain employees from the state’s minimum wage requirements. If an employer has been issued a section 14(c) certificate authorizing payment of a commensurate wage rate below the Federal minimum wage to a worker with a disability, the employer must nevertheless comply with any state law requiring the payment of a higher state minimum wage rate to that worker.”  

 

Feel free to contact me or our Policy Director Chris Rueggeberg if you have more detailed questions. His email is xxxxxx@ddc.nh.gov and his phone number is 603-271-2336. He did most of the legwork and research relating to the legislation.

 

Carol

 

 

 

 

 

Me too!  Thanks.

 

 

 

Include me………

 

Thanks,

 

 

 

Please send to me too!

 

Eric E. Jacobson

Executive Director

 

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Georgia Council on Developmental Disabilities

2 Peachtree Street, Suite 26.200 Atlanta, GA 30303

O: (404) 657-2120  C:  (404) 805-9739

www.gcdd.org

 

From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Tewell - CDHS, Marcia
Sent: Thursday, April 02, 2015 2:37 PM
To: xxxxxx@nacdd.simplelists.com
Subject: Re: DD Councils RE: Sheltered Workshops

 

Carol,  Love your state!  Can you send me a copy of the legislation?  Have you had issues with the Fair Labor and Standards Act trumping your statewide efforts?

 

Marcia

 

On Wed, Apr 1, 2015 at 3:42 PM, Stamatakis, Carol <xxxxxx@ddc.nh.gov> wrote:

New Hampshire has legislation pending to remove from our statutes authority to pay people with disabilities less than minimum wage.  I am not familiar with the terminology pre-vocational services. Is that another term for sheltered workshop or is that a different type of program? Even before the legislative initiative our State’s developmental services agency took the position that a sheltered workshop did not meet the standard for a day service, and that if families were participating they were doing so as a private choice not supported by the government. There was some question about what was actually happening, but we have been assured that no agencies or employers in our state are currently engaged in the practice.

 

Carol

 

Carol Stamatakis, Esq.

Executive Director

NH Council on Developmental Disabilities

2 ½ Beacon Street, Suite 10

Concord, NH  03301-4447

 

Telephone: (603) 271-3236

FAX: (603) 271-1156

 

 

From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Holen, Ed (DDC)
Sent: Wednesday, April 01, 2015 3:37 PM
To: xxxxxx@nacdd.simplelists.com
Subject: DD Councils Sheltered Workshops

 

Hi,

 

Responding to the CMS Home and Community Based Services Rule on integrated settings, how does your state propose to deal with sheltered workshops or pre-vocational services in your state’s transition plan?

 

Thanks,

 

Ed

 

Ed Holen
Executive Director

Developmental Disabilities Council

1-800-634-4473

 

 

--

Marcia Tewell

Executive Director

Colorado Developmental Disabilities Council

 

Ring the bells that still can ring.  Forget your perfect offering.  There is a crack in everything. That's how the light gets in.    L. Cohen

 

C:720.638.6086

P:720/941-0176

 F:720/941-8490

1120 Lincoln Street, Suite 706

Denver, CO  80203-2117 

 

Teleconference call-in number 

is: 877 820-7831

 

Passcode: 662498*

OUR WEBSITE HAS VALUABLE INFORMATION:  go to <www.coddc.org>.

 

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The D.D. Council is 100% federally funded under the D.D. Assistance and Bill of Rights Act.  Our goal is to achieve freedom and interdependence of persons with disabilities and their families to live typical lives.  The Council's system change strategies include both advocacy in public policy efforts and grant making.
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