State Exchange on Employment & Disability
Federal Legal and Policy Framework
Under Section 14(c) of the Fair Labor Standards Act, employers are authorized, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages (SMWs)—wages less than the federal minimum wage—to workers who have disabilities “for the job being performed.” The certificate also allows the payment of wages that are less than the prevailing wage to workers who have disabilities for the work being performed on contracts subject to the McNamara-O’Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA).
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By Sierra Hatfield
State legislators and government agencies from Hawaii hosted an “Empowering All Abilities” Job Fair for persons with developmental disabilities on Oct. 30 at the Hawaii Capitol. During the fair, each job seeker had a table set up with a presentation board that showcased their interests, strengths and abilities. Prospective employers visited each job seeker’s booth. The idea came from Hawaii state Reps. John Mizuno and Lynn DeCoite, who wanted to create an environment where employers had the responsibility of appealing to potential employees – a “reverse” job fair.
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